LAW  LIBRARY 

Duke  University 
durham,  n.  c 


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JOURNAL 

OF  THE 

PROCEEDINGS 


CONSTITUTIONAL  CONTENTION 


STATE  OF  MISSISSIPPI. 


1868. 


FEINTED  BY  ORDER  OP  THE  CONVENTION. 


JACKSON,  MISSISSIPPI 

E.  STAFFORD,  PRINTER. 


1871. 


JOURNAL 


OF  TEE 


0  o  n  s  t  i  t  n  t  i  o  n  a  1  Co  n  v  e  n  t  i  o  n 


The  Convention  was  called  to  order  at  11  o'clock,  a.  sr.,  by 
Jere  Hauser,  of  Kemper. 

On  motion  of  Jere  Hauser,  of  Kemper,  Alston  Mygatt,  of 
Warren,  was  elected  President  pro  tern.,  and  on  taking  the 
chair,  addressed  the  Convention  as  follows : 

Gentlemen  of  the  Convention — The  hour  for  our  assembling 
has  arrived — the  hour  that  our  Registrars  have  so  long  toiled 
to  bring  abont — the  hour  that  all  loyal  men  of  this  State  have 
labored  to  hasten,  and  now  rejoice  to  behold — the  hour  that  all 
opponents  of  reconstruction,  and  a  disloyal  press,  have  striven 
hard  to  prevent,  has  come.  This  hour  brings  to  a  final  end  that 
system  that  enriches  the  few  at  the  expense  of  the  many- — that 
sj'Stem  that  hindered  the  growth  of  towns  and  cities,  and 
built  up  large  landed  aristocracies — that  system  that  discour- 
aged agricultural  improvements,  and  mechanic  arts — that  de- 
stroyed free  schools,  and  demoralized  church  and  State,  has 
come  to  an  end.  The  last  sand  has  fallen  from  the  glass  of 
old-time  dispensations,  and  they  have  gone  to  return  no  more 
forever.  We  meet,  then,  in  this  culminating  hour,  under  cir- 
cumstances of  great  responsibility. 


OF  THE 


STATE  OF  MISSISSIPPI. 


■0 


FIRST  DAY. 


Jackson,  Miss.,  Tuesday,  January  7th,  1S68. 


4 


Two  points  of  time  are  important  in  our  history — the  day 
this  State  seceded,  and  the  day  of  our  assembling  to  effect  her 
return.  It  is  a  notable  fact— a  remarkable  coincidence — that 
six  years  ago,  this  day,  in  this  hall,  the  sword  of  treason,  by 
aci  of  secession,  tore  this  State  from  its  peaceful  position, 
sent  it  adrift  on  the  dark  and  unknown  sea  of  blood  and 
i  ii  .  What  language  can  depict  its  flowing  results?  More 
than  thirty  thousand  brave  men  gallantly  fought  for  an  ignoble 
i  ause,  and  went  down  to  the  soldier's  grave.  Who  shall  mea- 
sure the  anguish  of  the  thousands  of  widows  and  orphans  who 
lost  a  husband,  father,  protector,  and  were  left  with  shattered 
fortunes,  to  buffet  alone  the  pitiless  storms  of  life?  Behold 
the  desolating  war-path,  and  the  vast  wealth  scattered  to  the 
winds!  And  why  all  this?  A  causeless  cause — a  cause  whose 
very  success  would  have  proved  our  direst  calamity.  It  had 
its  origin  in  no  necessity — no  reasonable  hope  for  bettering  our 
condition.  It  had  its  origin  in  the  mad  ambition  of  a  few,  and 
the  slaveocratic  love  of  praise  and  gain  of  a  still  larger  class — 
both  leading  the  deceived  masses  along  the  pathway  of  ruin. 
God,  in  His  over-ruling  Providence,  often  brings  good  out  of 
evil.  This  desolating  war  has  wrought  out  mighty  changes, 
which  shall  in  the  future,  prove  great  blessings  to  all  classes. 
The  destruction  of  the  life-shortning  influence  of  slavery  may 
have  its  compensating  value  in  saving  more  from  an  untimely 
grave,  in  the  long  run,  than  the  wTar  has  destroyed.  Let  the 
blood  of  the  thousands  of  lost  soldiers  cry  out  against  those 
who  signed  that  treasonable  instrument;  let  the  scalding  tears 
of  the  widow  and  the  orphan  burn  upon  their  consciences;  let 
the  wrecks  of  thousands  of  thousands  of  ruined  fortunes  pro- 
test against  them;  and  save  those  who  aided  reconstruction ;  let 
this  Convention  place  them  on  their  disfranchised  list. 

We  have  met  to  perform  a  solemn  duty.  Let  us  lay  aside 
all  malice,  undue  partizan  feelings,  and  forma  Constitution  that 
shall  render  equal  and  exact  justice  to  all.  Lo}raJ  men,  irrespec- 
tive of  race  or  color,  shall  be  protected.  In  the  matter  of  suf- 
frage, we  shall  doubtless  cany  out  the  views  of  Congress. 

We  hope  to  form  a  Constitution  founded  in  so  much  wisdom 
and  justice,  that  it  shall  meet  the  approval  of  good  and  loyal 
men  eveiywhere,  be  ratified  by  the  people,  received  by  Con- 
gress, and  respected  by  future  generations.  Under  its  benign 
inflence  confidence  shall  be  restored,  capital  shall  come  from 
abroad  and  seek  investment;  the  stream  of  immigration  shall 
flow  in  upon  us  seeking  our  genial  climate  and  fertile  soil; 
large  landed  estates  shall  melt  away  into  small  divisions,  thus 
densifying  population;  cities  shall  grow,  towns  spring  up, 
mechanism  flourish,  agriculture  become  scientific,  internal  im- 
provements be  pushed  on,  free  schools  flourish  in  every  dis- 
trict, and  lo3^al  men  rule.  Could  the  recording  angel  unroll  the 
scroll  of  the  future  for  an  hundred  years,  the  boldest  flight  of 
imagination  would  be  tame  before  those  living  realities. 

I  feel  the  pressure  of  our  solemn  surroundings.  Nine  sister 
States,  in  like  condition,  are  watching  our  course  with  intense 


5 


interest.  The  wires  shall  flash  from  day  to  day  to  every  loyal 
State  and  to  our  noble  Congress.  Our  enemies  predicted  a 
failure.  And  shall  we  fail?  Not  all  the  powers  of  an  apostate 
President,  with  all  his  official  sympathisers,  and  the  power  of  a 
hostile  press,  and  the  bitter  opponents  of  reconstruction  shall 
cause  us  to  fail.  But  if  we  descend  to  wicked  compromises, 
time-serving  expedients,  then  we  shall  fail,  and  our  work  shall 
perish.  But  if  we  plant  on  the  firm  basis  of  truth  and  justice 
to  all,  irrespective  of  race  or  color,  the  gates  of  hell  shall  not 
prevail  against  us.  God,  in  His  Providence,  will  not  permit  us 
to  fail.  The  over-ruling  Providence,  as  a  cloudy,  fiery  pillar, 
that  brought  us  through  the  Eed  Sea,  passed  the  thunders  of 
Mount  Sinai  into  the  political  wilderness,  shall  guide  ivs  all  the 
journey  through.  Soon  we  shall  cross  the  Jordan  of  our 
difficulties,  and  before  the  glad  shouts  of  our  loyal  hosts,  the 
walls  of  rebellion  shall  fall,  and  their  giant  leaders,  with  their 
train  of  mourners  over  the  '-lost  cause"  shall  flee  away.  The 
Great  Jehovah  who  rules  on  high  and  directs  the  affairs  of 
men — who  sets  up  and  casts  down  whom  He  will,  and  whose 
blazing  eye  penetrates  the  universe,  beholding  the  evil  and  the 
good,  and  rests  on  us  individually  and  collectively,  will  hold  us 
responsible  for  this  our  solemn  trust. 

On  motion  of  E.  J.  Castillo,  of  Adams,  Charles  W.  Clarke, 
of  Yazoo,  was  elected  Secretary  rpro  tern. 

On  motion  of  Mr.  Parsons,  of  Adams,  E.  A.  Peyton,  of  Hinds, 
was  elected  Sergeant-at-Arms  pro  tern. 

On  motion  of  G.  C.  McKee,  of  Warren,  prayer  was  then 
offered  by  the  Rev.  L.  Williams,  jr. 

Henry  Mayson,  of  Hinds,  moved  that  the  Secretary  be  direc- 
ted to  read  General  Orders  No.  42,  Head  Quarter  Fourth 
Military  District,  convening  the  Convention,  the  members 
present  answering  to  their  names; 

Which  was  carried. 

The  following  delegates  answered  to  their  names: 
Messrs.  E.  J.  Castello,  H.  P.  Jacobs,  F.  Parsons.  S.  C.  Conly, 
J.  Railsback,  J.  H.  Kerr,  George  Stovall,  W.  L.  Hemmingwav, 
A.  J.  Jamison,  E.  R.  Smith,  N.  B.  Bridges,  Jas.  Weir,  G.  H.  Hol- 
land, M.  T.  Newsom,  H.  Musgrove,  C."  Chapman,  E.  G.  Peyton, 
E.  Handy,  V.  A.  Collins,  H.  N.  Ballard,  W.  B.  Grey.  W.  B. 
Nesbitt,  H=  Goss,  B.  H.  Orr,  Henry  Mavson,  E.  A.  Peyton, 
Charles  Caldwell,  J.  R.  Parsons,  H.  W.  Barry,  D.  McA.  'Wil- 
liams, R.  H.  Montgomery,  Henry  P.  Toy,  John  Elliott.  Wm, 
McKnight,  A.  Alderson, "  Jere  Hauser,  W.  G.  Vaughan,  P.  H. 
McCutchen,  W.  W.  Gaither,  D.  T.  Walker,  J.  A.  Moore,  Wesley 
Lawson,  H.  W.  Warren,  B.  B  Eggleston.  John  Field.  W.  B. 
Cunningham,  J.  W.  0.  Watson,  W.  M.  Compton,  C.  H.  Town- 
send,  S.  Woodman  see,  J.  L.  Herbert,  James  Elliott,  W.  A. 
Hutto,  E.  G.  Longmire,  S.  H.  Powell,  Isham  Stewart.  N.  J. 
C happell.  A.  R.  Howe,  U.  Ozanne,  P.  Bonney.  Thos.  W.  Jones, 
Cyrus  Mvers,  J.  C.  Brinson,  D.  N.  Quinn.  S.  C.  Barnes,  J.  M. 
Phillips,  Wm.  Nelms,  W.  T.  Stricklin,  H.  Mask,  Terry  Dalton, 
A.  Mygatt,  G.  C.  McKee,  B.  Leas.  T.  W.  Stringer,  A.  Johnson, 
i   n  o     0  4 

L  b  d  5  o  4 

LAW  LIBRARY 


W.  T.  Combash,  Wm.  Yeoman,  W.  H.  Gibbs,  C.  W.  Fitzliugh, 
J.  Richardson,  R.  J.  Alcorn,  Charles  W.  Clarke,  Win.  Leonard, 
and  A.  T.  Morgan. 

On  motion  of  E.  A.  Peyton,  of  Hinds,  the  President  was 
authorized  to  appoint  an  Assistant  Secretary. 

Henry  Mayson,  of  Hinds,  was  appointed. 

On  motion  of  B.  B.  Eggleston,of  Lowndes,  a  committee  of 
five,  one  from  each  Congressional  District,  was  appointed  to 
examine  credentials  of  members  presenting  themselves  for 
admission  to  the  Convention. 

The  President  appointed  Joseph  W.  Field,  of  Lowndes,  J. 
W.  C.  Watson,  of  Marshall,  H.  Musgrove,  of  Clarke,  Charles  W. 
Fitzhugh,  of  Wilkinson,  and  R.  J.Alcorn,  of  Yalobusha. 

Committee  to  meet  at  3  o'clock,  this,  r.  m. 

On  motion  of  B.  B.  Eggleston,  the  Convention  adjourned 
to  meet  at  10  o'clock,  a.  m.,  January  8,  1868. 

A  true  copy. 

Charles  W.  Clarke, 
Delegate  from  Yazoo  County, 

Temporary  Secretary. 


SECOND  DAY. 

Jackson,  Miss.,  Wednesday,  January  8th,  1868. 

Convention  met  at  10  o'clock. 
Prayer  by  the  Rev.  Mr.  Williams. 

The  Journal  of  Tuesday  was  read,  corrected,  and  approved. 

The  committee  on  Credentials,  through  their  Chairman,  made 
the  following  report : 

Mr.  President:  Your  committee  on  Credentials  would  most 
respectfully  submit  the  following  report,  to-wit: 

That  they  found  present  all  the  persons  named  in  the  circu- 
lar of  Major-General  Orel,  except  the  following: 

Jason  Niles,  of  Attala,  John  Moody,  of  Greene,  Perry,  and 
Jackson,  J.  C.  Barnes,  of  Tallahatchie,  A.  S.  Dowel,  of  Coa- 
homa, John  Fawn,  of  Washington,  O.  S.  Miles,  of  Jefferson, 
G.  W.  Vanhook,  of  Lowndes;  and  all  of  said  gentlemen,  so 
reported  as  elected  to  seats  in  this  body,  in  the  opinion  of  your 
committee,  have  produced  satisfactory  credentials,  and  aie  en- 
titled to  their  seats  therein;  and  your  committee  would  further 
report,  that  Benjamin  H.  Orr,  Esq.,  claims  to  have  been  duly 
elected  a  delegate  to  this  Convention  from  the  county  of  Har- 
rison, but  he  produced  no  official  return  or  evidence  of  such 
election, 

The  seat  of  E.  A.  Peyton,  who  has  been  returned  by  the 
Commanding  General,  as  entitled  to  a  seat  in  this  body,  as  one 
of  the  delegates  from  the  county  of  Hinds,  has  been  contested 


7 


before  this  committee,  by  J.  P.  Sessions,  Esq.,  who  was  his 
competitor  before  the  people  of  the  county,  on  the  ground  of 
ineligibility.  Your  committee,  however,  are  of  the  opinion 
that,  under  the  acts  of  Congress,  by  which  this  Convention  was 
called,  it  belongs  alone  to  the  Commanding  General  of  the 
Department,  to  determine  who  have  been  elected  and  are  en- 
titled to  seats  in  this  body.  All  such  questions,  therefore,  as 
arise  in  the  foregoing  cases  presented  by  the  said  Benjamin  H. 
Orr,  and  J.  P.  Sessions,  can  only  be  rightfully  decided  by  the 
said  Commanding  General,  whose  duty  it  is  made  by  the  said 
acts  of  Congress,  to  ascertain  the  persons  elected  as  delegates 
according  to  the  returns  of  the  officers  who  conducted  the  said 
election,  and  make  proclimation  thereof 

Respectfully, 

J.  W.  Field, 

Chairman. 

On  motion  of  Mr.  Weir,  of  Oktibbeha,  the  report  was  re- 
ceived. 

Mr.  Field  offered  the  following: 

In  order  to  expedite  business,  and  quicken  consciences  of 
members,  I  move  that  each  member  pay  his  own  expenses. 

Which,  on  motion  of  Mr.  Stringer,  was  laid  on  the  table. 

On  motion  of  Mr.  Cunningham,  the  Convention  proceeded  to 
the  election  of  permanent  officers. 

On  motion  of  Mr.  Musgrove,  it  was  declared  that  a  majority 
of  votes  cast,  shall  elect. 

Messrs.  Parsons,  of  Adams,  and  Cunningham,  of  Madison, 
were  appointed  tellers. 

Messrs.  B.  B.  Eggieston  and  J.  W.  C.  Watson,  were  put  in 
nomination  for  President  of  the  Convention. 

Mr.  Townsend  moved  that  before  the  result  be  announced, 
that  a  call  of  the  Convention  be  made ;  and  on  such  call,  ninety 
members  answered  to  their  names. 

On  examination  of  the  ballot,  it  appeared  that  Mr.  Eggles- 
ton  had  received  53  votes,  Mr.  Watson  33  votes,  Mr.  Peyton 
1  vote,  and  Mr.  McKee  3  votes. 

Mr.  Eggieston  having  received  a  majority  of  the  votes  cast, 
was  declared  duly  elected  President  of  the  Convention. 

Mr.  Chappell  moved  that  the  President  elect  be  conducted 
to  the  chair; 

Which  motion  prevailed,  and  Mr.  Chappell  was  chosen  to 
conduct  the  President  to  his  seat. 

On  motion  of  Mr.  Castello,  Mr.  McKee  administered  the 
oath  of  office  to  the  President  elect. 

Mr.  Townsend  moved,  that  members  be  required  to  take  the 
oath  of  allegiance  to  the  United  States. 

Mr.  Compton  moved,  that  the  motion  to  take  any  oath  be 
laid  on  the  table ; 

Which  was  lost. 

On  motion  of  Mr.  Peyton,  of  Hinds,  the  members  of  the 
Press  were  admitted  to  seats  within  the  bar. 


s 


Mr.  Hauser  moved,  that  the  House  proceed  to  the  election 
of  Secretary. 

On  motion  of  Mr.  Compton,  the  candidates  for  the  Secretary- 
ship appeared  before  the  Convention; 

Whereupon,  the  ballot  was  taken,  with  the  following  result : 

T.  P.  Sears,  of  Adams  52  votes. 

H.  C.  Powers  35  votes. 

Dr.  Grey,  of  Hinds   3  votes. 

H.  P.  Myer   1  vote. 

Mr.  Sears  having  received  a  majority  of  all  the  votes  cast, 
was  declared  duly  elected  Secretary  of  the  Convention,  and  was 
conducted  to  his  seat  by  Mr.  Castello,  and  took  the  oath  of 
office. 

On  motion  of  Mr.  Chappell,  the  Convention  proceeded  to 
the  election  of  Sergeant-at- Arms : 

Mr.  Gill,  of  Marshall,  56  votes. 

Mr.  Spencer  28  votes. 


Mr.  Gill  having  received  a  majority  of  the  votes  cast,  was 
declared  duly  elected  Sergeant-at- Arms : 

Mr.  Compton  moved,  that  Mr.  Wilkinson  be  declared  Door- 
keeper of  this  Convention  by  acclamation; 

Which  motion  was  laid  on  the  table. 

On  motion  of  Mr.  McKee,  C.  F.  Norris  was  declared  Door- 
keeper by  acclamation. 

On  motion  of  Mr.  McKee,  the  Convention  adjourned  one  hour. 
The  Convention  met  at  2  o'clock. 

Mr.  Parsons  moved  that  the  Sergeant-at-Arms  be  instructed 
to  request  the  Secretary  of  State  to  furnish  this  Convention 
with  stationery. 

The  following  amendment  was  offered: 

That  the  Sergeant-at-Arms  elect  be  conducted  to  the  bar  by 
Mr.  Stricklin,  of  Tippah,  and  have  the  oath  of  office  adminis- 
tered to  him  by  the  President; 

Which  motion,  as  amended,  was  adopted. 

The  Sergeant-at-Arms  made  the  following  report : 

Mr.  President:  I  have  to  report  that  the  Secretary  of  State 
has  no  stationery  on  hand,  and  no  way  to  procure  any. 


Mr.  Chappell  moved  to  elect  an  Assistant  Secretary  by 

ballot. 

Mr.  Stricklin  moved  to  amend  by  saying  two  assistants; 
Which  motion  was  lost,  and  the  yeas  and  nays  being  called 
for,  the  vote  was  announced  as  follows:  Yeas,  16:  nays,  63. 
The  Convention  then  proceeded  to  ballot  for  Assistant  Sec- 


Mr.  Barton, 


1  vote. 


N.  G.  Gill, 

Sergeant-at-Arms. 


retary : 
Mr.  Patterson 

"  Peyton  . . 

"  Powers  . . 

«   Barton  .  . 


34  votes, 


37  » 

7  « 

3  " 

1  « 


"  Adams 


9 


No  candidate  having  received  a  majority  of  the  votes  cast, 
the  Convention  proceeded  to  a  second  ballot,  which  resulted  as 
follows : 

Mr.  Patterson  43  votes. 

"   Peyton  43 

<;  Barton   1 

"   Powers   1 

No  candidate  having  received  a  majority  of  the  votes  cast, 

the  Convention  proceeded  to  a  third  ballot,  with  the  following 

result : 

Mr.  Patterson  47  votes. 

"  Peyton  43  " 

"   Barton   1  " 

Mr.  Patterson,  of  Tishomingo,  having  received  a  majority  of 
all  the  votes  cast,  was  declared  duly  elected  Assistant  Secre- 
tary, and  on  motion,  Mr.  Compton  conducted  Mr.  Patterson  to 
his  seat,  when  the  President  administered  the  oath  of  office. 

On  motion  to  adjourn  until  January  9,  at  10  o'clock,  the 
3'eas  and  nays  being  called  for,  resulted  as  follows:  Yeas,  53. 
nays,  34. 

And  the  Convention  adjourned. 

T.  P.  Sears, 

Secretary. 


THIRD  DAY. 
Jackson,  Miss.,  Thursda}\  January  9th,  1868. 

The  Convention  met  at  10  o'clock,  a.  m. 

The  Journal  of  the  previous  day  was  read  and  approved. 

On  motion  of  Mr.  Field,  leave  of  absence  for  three  days  was 
granted  to  Mr.  McKee. 

On  motion  of  Mr.  Hauser,  the  President  was  authorized  to 
appoint,  for  the  Convention,  a  Postmaster,  a  Reading  Clerk, 
and  te  necessary  number  of  Pages. 

By  Mr.  Cunningham  moved  that  hereafter  the  Convention 
have  but  one  session  each  clay,  and  that  it  meet  at  10  o'clock, 
a.  x.,  and  adjourn  at  2  o'clock,  p.  m. 

Mr.  Castello  offered  the  following  substitute : 

That  the  session  be  each  day  from  11  a.  m.,  until  3  o'clock 
p.  m ; 

Which  was  lost. 

And  the  original  motion  was  adopted. 

Mr.  Stringer  moved  that  the  Sergeant-at-Arms  be  authorized 
to  appoint  his  own  assistants; 
Which  was  adopted. 


10 


I  .  Barry  moved  that  a  Chaplain  for  this  Convention  be 

elected; 

Which  was  adopted. 

Mr.  Cunningham  moved  that  the  Rev.  Lester  Williams,  jr., 
be  appointed  Chaplain  of  this  Convention. 

Mr.  Watson  olfered  the  following  substitute: 

/.'■  solved,  That  the  clergymen  of  this  city,  whether  resident 

•  otherwise,  be,  and  are  hereby  respectfully  invited  by  an 
arrangement  among  themselves,  to  open  the  daily  sessions  of 
this  body  with  prayer. 

Which  was  laid  on  the  table. 

Mr.  Herbert  offered  the  following  substitute : 

Hi  -■'lived,  That  the  President  select  a  clergyman  to  open  the 
si  —ions  of  the  Convention  daily  with  prayer. 

Which  was  laid  on  the  table. 

Mr.  Musgrove  moved  that  a  committee  of  five,  one  from  each 
Congressional  Disrrict,  be  appointed  by  the  President,  to  re- 
port rules  for  the  government  of  this  Convention; 

Which  was  adopted. 

On  motion  of  Mr.  Howe,  it  was  resolved  that  the  members 
of  the  Convention  retain  for  the  session  the  seats  they  now 
occupy; 

Which  was  adopted,  the  yeas  and  nays  being  called,  by  the 
following  vote:    Yeas,  55;  nays,  12; 

Mr.  Gibbs  moved  a  reconsideration  of  the  vote; 

Yeas  and  nays  being  called,  resulted  as  follows:  Yeas,  50; 
nays,  31. 

Mr.  Leas  offered  the  following : 

Resolved,  That  the  President  appoint  a  committee  to  assign 
seats  to  members. 

Which  was  withdrawn. 

Mr.  To wnsend  moved  that  the  Secretary  be  instructed  to 
place  fifty-six  numbers  in  a  hat,  and  that  the  Convention  pro- 
ceed to  draw  for  seats  by  counties,  the  county  drawing,  No. 
1  having  the  first  choice,  and  so  on  to  the  end  of  the  list; 

Which  was  adopted. 

Mr.  Compton  offered  the  following : 

Besolved,  That  the  outside  circle  of  seats  of  the  Hall  be  ex- 
empt from  the  lists  of  seats  to  be  drawn  for. 
Which  was  adopted. 

A  motion  to  reconsider,  prevailed  by  the  following  vote : 
Yeas,  21;  nays,  13. 

A  motion  to  table,  was  lost,  by  the  following  vote :  Yeas 
11;  nays,  71. 

The  question  recurring  on  the  original  motion,  it  was  lost. 

The  members  then  proceeded  to  select  their  seats  under  the 
resolution  of  the  Convention. 

Capt.  W.  Q.  Lowd,  an  artist  of  this  city,  presented  his  com- 
pliments to  the  officers  and  delegates  of  this  Convention,  and 
proposed  to  take  the  photographic  likenesses  of  each  and  every 
officer  and  delegate,  free  of  charge.    He  respectfully  invited  the 


11 


delegates  to  visit  his  gallery,  by  counties.  Aafter  taking  them 
separately,  he  will  combine  the  whole  in  one  large  picture. 

On  motion  of  Mr.  Field,  the  thanks  of  the  Convention  were 
returned,  and  the  invitation  accepted. 

Mr.  Barry  introduced  the  following ; 

Resolved,  That  a  committee  of  three  be  appointed  by  the 
President  of  this  Convention  to  investigate  the  claims  of 
Benj.  H.  Orr  to  a  seat  in  this  Convention,  as  the  delegate  elect 
thereto  from  Harrison  county,  and  report  to  this  Convention  as 
early  as  practicable. 

Which  was  adopted. 

On  motion  of  Mr.  Castello,  it  was 

Resolved,  That  the  Sergeant-at-Arms  request  the  Commander 
of  this  Post  to  furnish  this  Convention  with  a  United  States 
fag  for  the  use  of  the  hall  during  the  sitting  of  this  Conven- 
tion. 

Which  was  adopted. 
By  Mr.  Mygatt: 

Resolved,  That  it  is  the  duty  of  this  Convention  to  employ 
a  Reporter  of  its  proceedings. 

Which  was  adopted. 

Mr.  Watson  moved  that  John  Toveli  be  appointed  Reporter 
of  the  Convention; 
Which  was  adopted. 

Mr.  Castello  moved  that  the  pay  of  the  Reporter  be  fifteen 
dollars  per  day,  and  that  Mr.  Mygatt  notify  him  of  his  election; 

Which  was  adopted. 
By  Mr.  Parsons  : 

Resolved,  That  the  State  Librarian  be  directed  to  keep 
the  State  Library  open  during  the  session  of  this  Conven- 
tion, and  that  the  members  of  this  Convention  be  allowed  the 
use  of  the  books  in  said  library  under  the  same  rules  and  reg- 
ulations as  members  of  the  State  Legislature. 

Which  was  adopted. 

By  Mr.  Wier:  A  motion  to  appoint  tellers,  and  proceed  to 
the  election  of  Printer; 

Which  was  lost,  by  the  following  vote: 
Yeas,  34;  nays,  51. 

By  Mr.  Chappell:  A  resolution  that  the  appointment  of  a 
committee  on  the  Constitution  to  be  framed  by  this  Conven- 
tion, be  the  order  of  the  day  to-morrow: 

Which  was  lost. 

Mr.  Compton  moved  to  adjourn  until  to-morrow,  at  10 
o'clock; 

Which  was  lost,  hy  the  following  vote : 
Yeas,  25;  nays,  51. 

Mr.  Peyton,  of  Hinds,  offered  a  resolution  that  a  committee 
of  five  be  appointed  by  the  President  to  inquire  into  the  merits 
of  the  various  applicants  for  public  printing,  and  report  as 
early  as  practicable. 

Which  was  adopted. 
By  Mr.  Stricklin : 


12 


Resolved,  That  a  committee  of  three  be  appointed  by  the 
President  of  this  Convention,  whose  duty  it  shall  be  to  inquire 
into  the  capacity  and  ability  of  the  proprietors  of  the  respec- 
tive presses  in  this  city  to  do  the  public  printing,  and  make 
report  to  this  body  at  10  o'clock,  a.  m.,  to-morrow. 

Which  was  laid  on  the  table. 

The  President  appointed  Messrs.  Barry,  Alderson,  and 
Mygatt,  as  the  committee  to  investigate  the  claims  of  B.  H. 
Orr,  of  Harrison  county,  to  his  seat  in  this  Convention  as  del- 
egate. 

Convention  adjourned  to  meet  to-morrow  morning,  at  10 
o'clock. 

A  true  copy. 

T.  P.  Sears, 

Secretary. 


FOURTH  DAY. 
Jackson,  Miss.,  Friday,  January  10th,  1868. 

The  Convention  met  pursuant  to  adjournment. 

The  Journal  of  yesterday  was  read  and  approved. 

By  Air.  Stricklin:  A  motion  that  an  alphabetical  list  of  mem- 
bers be  made  by  the  Secretary; 

Which  was  adopted. 
By  Mr.  Mygatt : 

Resolved,  That  the  following  standing  committees  be  ap- 
pointed by  the  President  of  this  Convention: 

First — A  committee  of  nine,  on  Bill  of  Rights; 

Second — A  committee  of  seven,  on  Suffrage; 

Third — A  committee  of  nine,  on  Legislative  Department; 

Fourth — A  committee  of  seven,  on  Executive  Department; 

Fifth — A  committee  of  seven,  on  Judiciary; 

Sixth — A  committae  of  nine,  on  Bank  Corporations; 

Seventh — A  committee  of  nine  on  Education; 

Eighth — A  committee  of  seven,  on  Military; 

Ninth — A  committee  of  seven,  on  Finance. 

Mr.  Chapman  offered  the  following  substitute : 

Resolved,  That  there  be  twelve  standing  committees,  of  five 
each,  appointed  by  the  President,  with  the  view  of  framing  a 
Constitution  for  the  State  of  Mississippi,  and  with  the  view  of 
giving  each  article  of  the  Constitution  to  a  separate  committee, 
viz : 

First — A  committee  on  Preamble  and  Bill  of  Rights; 
Second — A  committee  on  Right  of  Suffrage; 
Third — A  committee  on  Distribution  of  Powers  and  Legis- 
lative Department; 


13 


Fourth — A  committee  on  Executive  Department; 

Fifth — A  committee  on  Judicial  Department; 

Sixth — A  committee  on  Militia; 

Seventh — A  committee  on  Finance; 

Eighth — A  committee  on  Incorporations; 

Ninth — A  committee  on  Education  and  School  Lands; 

Tenth — A  committee  on  Amendments  of  the  Constitution; 

Eleventh — A  committee  on  Miscellaneous  Matter; 

Twelfth — A  committee  on  Schedule. 

Which  was  adopted. 

B3*  Mr.  Clarke :  A  motion  to  proceed  to  the  election  of  Public 
Printer,  and  also  to  appoint  two  tellers  to  receive  and  count 
the  ballots. 

The  Chair  appointed  Mr.  Parsons,  of  Adams,  and  Mr.  Cun- 
ningham, of  Madison. 

Mr.  Mygatt  nominated  Col.  Dugan. 

Mr.  Stricklin  nominated  Messrs.  Power  &  Barksdale. 

The  Convention  proceeded  to  ballot,  with  the  following 
result; 

James  Dugan  58  votes, 

Messrs.  Power  &  Barksdale  23  " 

Mr.  Smith   1  " 

•  The  President  declared  James  Dugan  elected  Printer  of  the 
Convention. 

Mr.  Barry,  chairman  of  special  committee  appointed  to  in- 
vestigate the  claims  of  Benj.  H.  Orr,  of  Harrison  county,  to  a 
seat  in  the  Convention,  made  the  following  report: 

To  the  President  and  Members  of  the  Constitutional  Conven- 
tion of  Mississippi  : 

Your  committee  appointed  to  investigate  the  claim  of  Benj, 
H.  Orr,  the  member  elect  from  Harrison  county,  would  respect- 
fully report  that  from  evidence  adduced  before  us,  we  are 
satisfied  that  at  the  election  held  in  Harrison  county,  under 
General  Order  No.  31,  Benj.  H.  Orr,  was  not  a  candidate  for 
the  Convention,  and  consequently  did  not  violate  said  order, 
but  t]iat,  without  any  solicitation  on  his  part,  the  voters  of  said 
county  returned  Benj.  H.  Orr  as  their  choice  unanimously. 
At  the  second  election  ordered  under  Special  Order,  No.  196, 
Mr.  Orr  became  a  candidate  for  delegate  to  this  Convention, 
with  the  express  consent  of  the  military  commander  of  this 
district,  contained  in  Special  Order  No..  196,  and  was  again 
elected,  having  received  a  large  majority  of  all  the  votes  cast  at 
said  election.  Your  committee  therefore  report  that,  in  their 
opinion,  Benj.  H.  Orr  is  duly  elected  delegate  from  Harrison 
county,  and  entitled  to  his  seat. 

By  Mr.  Watson :  A  motion  that  the  report  be  received  ; 

Which  was  carried. 

By  Mr,  Hauser:  A  motion  that  the  report  of  the  special 
committee  in  the  case  of  B.  H.  Orr,  claiming  a  seat  in  the  Con- 
vention, be  adopted; 

Which  was  carried. 


14 


The  credentials  of  Mr.  Orr  were  presented  to  the  Con- 
vention. 

Mr.  Mayson,  of  Hinds; 
Mr.  Orr,  of  Harrison  ; 
Mr.  Dowd,  of  Coahoma; 

Mr.  Fawn,  of  Washington,  were  sworn  and  took  their  seats. 
By  Mr.  Barry: 

Resolved,  That  a  committee  of  seven  be  appointed  by  the 
President  of  the  Convention,  for  the  purpose  of  memorializing 
the  Congress  of  the  United  States  to  confer  upon  this  Conven- 
tion the  power  to  declare  vacant  all  civil  offices  at  present 
existing  in  the  State  of  Mississippi,  and  to  invest  the  appoint- 
ing power  in  this  Convention,  in  order  that  all  said  offices  may 
be  filled  by  men  of  known  loyalty  to  the  Government  of  the 
United  States. 

By  Mr.  Montgomery:  A  motion  to  make  the  resolution  the 
special  order  for  to-morrow,  at  12  o'clock  m. 
Which  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Bridges,  Bonney,  Ballard,  Beam, 
Compton,  Dalton,  Field,  Fawn,  Gaither,  Goss,  Herbert,  Howe, 
Hemmingway, Johnson,  S.,  Jamison,  Kerr,Longmire,Lack,  Mont- 
gomery, Merryman,  Mask,  McKnight,  McCutchen,  Nehns, 
Neilson,  Nesbitt,  Phillips,  Quinn,  Richardson,  Stricklin,  Stoval], 
Towrtsend,  Vaughn,  Woodmansee,  Watson,  Warren — 37. 

Nays — Messrs.  Alderson,  Brinson,  Barry,  Clarke,  Castello, 
Chapman,  Cunningham,  Caldwell,  Chappell,  Drane,  Dowd, 
Elliott  John,  Elliott  James,  Fitzhugh,  Grej^,  Gibbs,  Hauser, 
Hutto,  Holland,  Handy,  Jones,  Jacobs,  Johnson  A.,  Leas,  Leon- 
ard, Mayson,  Musgrove,  Moore,  Myers,  Mygatt,  Morgan,  New- 
som,  Ozanne,  Orr,  Peyton  E.  A.,  Parsons  Fred,  Parsons  J.  R,, 
Powell,Rainey,  Railsback,  Stewart,  Stringer,  Smith,Stiles,  Stites, 
Toy,  Weir,  Yeoman — 48. 

By  Mr.  Stricklin :  A  motion  to  lay  on  the  table ; 

Which  was  lost. 
By  Mr.  Watson : 

Resolved  further,  That  in  reorganizing  the  State  Govern- 
ment under  the  foregoing  resolution,  no  member  of  this  foody 
shall  be  eligible  to  any  position  of  trust  or  profit  in  connection 
therewith. 

The  3reas  and  n&ys  being  called,  the  resolution  was  lost: 
Yeas — Messrs.  Alcorn,  Brinson,  Ballard,  Beam,  Conley, 
Compton,  Dalton,  Dowd,  Elliott  John,  Elliott  James,  Field, 
Gaither,  Goss,  Hutto,  Howe,  Hemmingway,  Johnson  S.,  Jami- 
son, Kerr,  Longmire,  Lack,  Montgomery,  Mask,  McKnight, 
McCutchen,  Nelms,  Neilson,  Nesbitt,  Phillips,  Quinn,  Rainey, 
Richardson,  Stricklin,  Stovall,  Smith,  Stiles,  Townsend,  Vaughn, 
Watson,  Walker— 40. 

Nays — Messrs.  Alderson,  Bridges,  Bonney,  Barry,  Clarke, 
Combash,  Castello,  Chapman,  Collins,  Cunningham,  Caldwell, 
Chappell,  Drane,  Fitzhugh,  Fawn,  Gibbs,  Hauser,  Herbert, 
Holland,  Hand}',  Jones,  Jacobs,  Johnson,  Lawson,  Leas,  Leon- 
ard,  Mayson,  Musgrove,    Moore,  Myers,  Mygatt,  Morgan, 


la 


Ozanne.  Orr.  Peyton  E.  A..  Parsons  F..  Parsons  J.  R,.  Powell, 
Railsbaek,  Stewart,  Stringer,  Stites,  Toy,  Woodmansee,  Weir, 
Warren.  Yeoman — 47. 

The  following  amendment  was  offered  by  Mr.  Gaith-r.  and 
accepted  by  Mr.  Barry,  as  an  amendment  to  the  original  reso- 
lution, to-wit: 

'•And  that  said  committee  report  to  this  Convention  as  soon 
hereafter  as  practicable." 

And  as  so  amended,  the  resolution  was  passed,  by  the  follow- 
ing vote : 

Yeas — Messrs.  Alders  on.  Bridges.  Bonney,  Brinson.  Barry. 
Beam.  Clarke.  Combash,  Castello,  Chapman,  Collins,  Cunning- 
ham, Caldwell.  Chappell.  Drane,  Elliott  James.  Field.  Fitzhugh, 
Fawn.  Gibbs.  Hauser.  Herbert.  Hutto.  Holland.  Handy,  Jones, 
Jacobs.  Johnson  A..  Leas.  Leonard.  Mayson,  Musgrove,  Miles, 
Moore,  Myers.  Mask.  Mygatt.  Morgan.  Xewsorn,  Ozanne.  Orr. 
Peyton  E.  A..  Parsons  F..  Parsons  J.  P..  Powell.  Quinn,  Rainey, 
Railsbaek.  Richardson.  Stewart,  Stringer.  Smith,  Stiles,  Stites, 
Toy.  Woodmansee.  \Yeiv,  Warren.  Yeoman — 59. 

Nays — Messsr.  Alcorn.  Conley.Compton.  Daiton.  Dowd,  Gaith- 
er  Goss.  Howe,  Hemmingway.  Johnson  S.,  Jamison.  Kerr,  Law- 
son,  Longmire.  Lack.  Montgomery.  Merryman,  MeKnight. 
McCutchen.  Nelms,  Xeilson.  Nesbitt,  Phillips.  Stricklin.  Stovall, 
Townsend,  Vaughan,  Watson,  Walker — 29. 
By  Mr.  Alcorn  : 

Whereas.  The  people  of  Mississippi  are  now  laboring  under 
a  weight  of  pecuniary  oppression  which,  if  not  relieved  by 
governmental  assistance,  may  result  in  great  destitution;  and 

Whereas,  The  first  move  to  accomplish  relief  should  be  the 
suspension  of  the  collection  of  debts,  so  as  to  save  the  loss  of 
a  large  portion  of  property  by  being  sacrificed  at  public  sale, 
and  leave  the  creditors  unpaid;  therefore,  be  it 

Resolved,  That  the  Convention  respectfully  petition  General 
Gillem.  Commanding  this  District,  to  forthwith  suspend  the 
collection  of  all  debts,  until  the  meeting  of  the  State  Legisla- 
ture under  restored  and  lawful  civil  government. 

Mr,  Castello  moved  to  lay  the  resolution  on  the  table,  until  it 
can  be  referred  to  an  appropriate  committee: 

Which  was  adopted. 
By  Mr.  Castello: 

Besolved,  That  a  committee  of  three  be  appointed  by  the 
President  to  procure  the  necessary  stationery  required  for  the 
use  of  this  Convention. 

Which  was  adopted. 
By  Mr.  Woodmansee: 

Resolved.  That  this  Convention,  by  its  President,  appoint  a 
committee  of  three  to  wait  upon  the  Treasurer,  whose  duty  it 
shall  be  to  investigate  the  financial  condition  of  the  State  of 
Mississippi,  and  learn  what  is  proposed  to  be  done  in  reference 
to  the  payment  of  the  delegates  of  this  Convention,  and  re- 
port forthwith. 

Mr.  Castello  moved  to  lay  on  the  table:  which  was  carried, 
By  Mr.  Mygatt : 


16 


tlved,  That  a  special  committee  of  five  be  appointed  on 
compensation  of  members  and  officers  of  this  Convention,  to 
report  to-morrow. 

Which  was  adopted. 
By  Mr.  Howe: 

/.  olved,  That  a  commtttee  of  seven  be  appointed  by  the 
President  to  prepare  a  list  of  persons  whose  names  shall  be 
sent  to  Congress  with  the  petition  that  all  disabilities  imposed 
by  the  acts  of  Congress,  be  removed  in  their  respective  cases. 

~  Which  was  laid  on  the  table. 
By  Mr.  Clarke: 

Resolved,  That  the  Sergeant-at-Arms  be  instructed  to  furnish 
the  members  of  this  Convention,  each  morning,  with  the  city 
papers. 

By  Mr.  Musgrove:  An  amendment,  that  two  hundred  copies 
each  of  the  Journal  and  Clarion,  be  furnished. 

On  motion  of  Mr.  Gibbs,  the  original  resolution  and  amend- 
ment were  laid  on  the  table. 

By  Mr.  Stiles:  Amotion  that  a  committee  of  five  be  ap- 
pointed to  memoralize  Congress  on  behalf  of  the  impoverished 
and  almost  destitute  people  of  the  State; 

Which  was  laid  on  the  table. 

The  President  announced  the  appointment  of  Wm.  Brown, 
Postmaster  of  the  Convention. 

Jl  p.  Neilson,  of  Amite  county,  was  granted  leave  of  absence 
for  three  days. 

The  President  announced  the  appointment  of  the  special 
committee  of  five  on  Printing,  consisting  of  Messrs.  Mygatt, 
Field,  Woodmansee,  Gibbs,  and  E.  A.  Peyton. 

The  President  announced  the  appointment  of  H.  C.  Powers, 
Reading  Clerk. 

The  President  announced  the  following  committee  on  Rules: 
Messrs.  Barry,  Orr,  Field,  Watson,  and  S  to  vail. 

Leave  of  absence  was  granted  to  Mr.  Leas,  for  three  days. 

Major  C.  A.  Wykoff,  U.  S.  A.,  was  invited  to  a  seat  within 
the  bar  of  the  Convention. 
By  Mr.  Stiles: 

Whereas,  The  military  authorities  have  arrested  and  con- 
lined  Judge  J.  S.  Morris,  of  Claiborne  county,  Capt.  McDonald, 
of  Adams  county,  and  many  other  citizens  of  Mississippi,  both 
white  and  colored,  keeping  them  for  months  without  a  trial, 
contrary  to  the  fifth  article  of  the  Constitution  of  the  United 
States,  which  guarantees  to  every  man  a  speedy  trial;  and 

Whereas,  They  have  desecrated  the  soil  of  Mississippi  by 
confiening  one  Galewood,  a  citizen  of  Arkansas,  for  a  period  of 
six  months,  without  a  trial;  now,  therefore,  be  it 

Besolved,  As  the  sense  of  this  Convention,  that  the 
military  authorities  have,  in  this  respect,  gone  beyond,  and 
contrary  to  the  requirements  of  the  military  bill;  and  that,  in 
the  name  and  on  behalf  of  the  people  of  Mississippi,  we  protest 
against  the  action  of  said  military  authorities,  and  demand  that 
the  said  citizens  shall  be  released  or  speedily  tried. 

Which  was  laid  on  the  table. 
By  Mr.  Townsend: 


17 


BesoVcecL  That  the  resolutions  presented  for  the  consideration 
of  this  body,  be  laid  upon  the  table  until  they  can  be  referred 
to  the  proper  committees,  and  that  this  resolution  cannot  be 
suspended,  except  by  a  two-thirds  vote  of  this  body. 

Which  was  laid  on  the  table. 

Convention  adjourned  until  to-morrow,  at  10  o'clock. 

T.  P.  Seaks, 
Secretary. 


FIFTH  DAY. 
Jackson.  Miss.,  Saturday.  January  11th,  1888, 

Convention  met  pursuant  to  adjournment. 

Prayer  by  Chaplain  Rev.  Mr.  Williams. 

The  Journal  of  yesterday  was  read  and  approved. 

The  President  appointed  the  following  committee  on  Sta- 
tionery, viz : 

Messrs.  Castello,  Williams,  and  Ozanne. 

And  the  following  committee  on  Compensation  of  Members, 
viz : 

Messrs.  Mvgatt.  Hauser.  Raiisback.  Compton,  and  Combash. 
As  Pages:  W.  T.  Salmon.  Hal  Johnson,  Henry  Smith,  and 
E,  Davidson. 

The  following  communication  was  received  from  the  Superin- 
tendent of  the  City  Gas  Company: 

City  Gas  Works,  j 
Jackson,  Miss.,  Jan.  10,  1868.) 

Gentlemen  of  the  Convention  : 

The  City  Gas  Works,  owing  to  the  limited  number  of  con- 
sumers, is  scarcely  able  to  meet  its  monthly  expenses,  hence 
the  necessity  of  collecting  all  bills  promptly,  and  without  doubt, 
I  therefore  ask  that  a  deposit  be  made,  sufficient  to  cover  the 
amount  of  gas  that  may  be  used  by  the  Convention,  or  some 
personal  security  given. 

Very  respectfully, 

Douglas  Ward, 
Superintendent  Jackson  Gas  Co. 
Mr.  Miles,  of  Jefferson,  came  forward,  and  was  sworn  in  as 
a  delegate. 

The  following  officers  were  sworn  in  by  the  President: 
Mr.  Powers,  as  Reading  Clerk. 
Mr.  Tovell,  as  Reporter. 

Rolla  Williams,  and  W.  H.  Rice.  Assistant  Sergeants-at-Arms, 
William  Brown,  as  Postmaster. 
C.  F.  Norris,  as  Doorkeeper. 
Bv  Mr.  Gibbs: 
C— 2 


18 


Resolved  That  each  member  of  the  Convention  be  allowed 
twenty  copies,  daily,  of  such  papers  in  the  State  of  Mississippi, 
as  he  may  select. 

By  Mr.  Montgomery:  An  amendment,  that  each  member  pay 
for  his  own  papers. 

By  Mr.  Hauser:  A  substitute  for  the  amendment,  that  each 
member  of  this  Convention  be  allowed  fifty  copies  of  such 
papers  as  he  may  select. 

By  Mr.  Warren :  A  substitute  for  the  whole  question,  that 
"  fifty,"  be  stricken  out,  and  "  fiye"  be  inserted; 

Which  was  adopted. 

By  Mr.  Woodmansee:    That  his  resolution  of  yesterday  be 
taken  up ;  which  was  adopted. 
The  following  is  the  resolution : 

Resolved,  That  this  Convention,  by  its  President,  appoint  a 
committee  of  three  to  wait  upon  the  Treasurer,  whose  duty  it 
shall  be  to  investigate  the  financial  condition  of  the  State  of 
Mississippi,  and  learn  what  is  proposed  to  be  done  in  reference 
to  the  payment  of  the  delegates  of  this  Convention,  and  report 
the  same  to  this  Convention  forthwith. 

No  action  taken. 
By  Mr.  Cunningham : 

Resolved,  That  this  Convention  petition  the  Commandiiig 
General  to  order  the  collection  of  all  debts  by  legal  process, 
suspended  until  the  meeting  of  the  Legislature  of  the  State 
of  Mississippi;  Provided,  That  this  order  shall  not  operate 
so  as  to  prevent  Sheriffs  and  other  officers  from  the  collection 
of  their  usual  feees. 

Which  was  was  laid  on  the  table. 

Mr.  Morgan  introduced  the  following: 

Resolved,  That  the  President  appoint  a  standing  committee 
of  five,  one  delegate  from  each  Congressional  District,  to  re- 
port at  any  time  before  the  final  adjournment  of  this  Conven- 
tion, which  in  their  judgment  may  be  most  wise  and  expedient, 
what  legislation  if  any,  by  this  Convention  is  needed  to  afford 
adequate  relief  and  protection  to  the  State  and  citizens  thereof, 
and  that  said  committee  have  power  to  send  for  persons  and 
papers. 

Which  was  adopted. 
By  Mr.  Castello: 

Resolved,  That  the  civil  and  military  officers  as  follows,  be 
and  they  are  hereby  especially  invited,  when  in  the  city,  to  take 
seats  within  the  bar  of  the  Convention,  to-wit : 

The  Governor  of  the  State  of  Mississippi,  Secretary  of  State, 
Auditor,  Treasurer,  Attorney  General,  Adjutant  General,  the 
Mayor  of  Jackson,  the  Commanding  General  of  the  Depart- 
ment, the  Commander  of  the  District,  and  Commander  of  the 
Post,  and  other  military  officers  stationed  at  the  Post,  mem- 
bers of  the  United  States  Senate  and  House  of  Representativ  s, 
that  may  from  time  to  time  visit  the  city  of  Jackson. 

Which  was  adopted. 
By  Mr.  Alderson : 


Resolved,  That  the  Reporter  of  the  Convention  be  author- 
ized to  furnish  the  Official  Printer  with  a  synopsis  of  the  de- 
bates therein,  and  a  fall  report  of  the  most  important  speeches. 

Which  was  adopted. 
By  Mr.  Gibus: 

Resolved,  That  the  proceedings  of  this  Convention  be  pub-' 
lished  in  the  State  Journal,  Yicksburg  Republican  and  Jlerid.io.n 
Chronicle,  and  that  they  be  allowed  such  compensation  as  is 
now  allowed  by  the  United  States  for  official  advertisements. 

Which  was  adopted,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Barnes.  Barry,  Bonney,  Bridges, 
Brin son.  Caldwell.  Castelio.  Chapman.  Clarke.  Cornbash.  Drane. 
Elliott  John.  Mliott  James.  Flawn.  Fitzhugh.  Gibbs.  Handy, 
Hanser,  Holland.  Jacobs.  Johnson  A..  Jones.  Lawson.  Leonard, 
Mayson,  Musgrove.  Miles.  Moore.  Morgan.  Myers.  Mygatt. 
Ozanne.  Parson  F..  Parsons  J,  R.,  Peyton s  E.  A..  Powell.  Quinn. 
Rainey,  Stewart,  Stites,  Stringer.  Toy.  Weir.  Williams.  Yeo- 
man— 46. 

Xays — Messrs.  Alcorn.  Ballard.  Beam.  Collins,  Gompton, 
Conely,  Cunningham.  Dalton.  Gait  her.  Goss.  Grey.  Hemming- 
way.  Herbert.  Howe.  Hutto.  Jamison,  Johnson  S..  Kerr.  Lack, 
Longmire,  Mask,  Montgomery,  Merryman,  McCutchen.  Mc- 
Knight.  Nelms, Nesbitt,  Newsom,  Phillips.  Railsback,  Richard- 
son, Smith.  Stovall.  Stiles.  Townsend.  Watson.  Warren — 37. 

On  motion  of  Mr.  Field,  the  vote  on  the  resolution  was 
rescinded,  and  the  following  by  him.  offered  as  a  substitute, 
was  adopted: 

Resolved,  That  a  committee  of  three  be  appointed  by  the 
Chair  to  ascertain  the  cost  of  publishing  the  proceedings  in  the 
three  named  papers. 

Mr.  Barry,  chairman  of  committee,  to  whom  was  referred 
the  subject  of  Eules  and  Regulations,  including  the  necessary 
standing  committees,  for  the  better  government  of  *his 
Convention,  made  the  following  report : 

Me.  President:  The  committee  to  whom  was  referred  the 
subject  of  Rules  and  Regulations,  including  the  necessary 
standing  committees,  for  the  better  government  of  this  Con- 
vention, have  had  the  matter  under  consideration,  and  have 
instructed  me  to  deliver  a  report,  which  is  ready  to  be  pre- 
sented whenever  the  Convention  is  pleased  to  receive  it. 

Respectfully. 

H.  W.  Barry. 

Chairman. 

Report  received. 

RULES  AND  R E G 0 L A T 1 0 S S    OF    TEE    CONSTITUTIONAL  CONTENTION 
OF  MISSISSIPPI. 

EUTY  AND  RIGHTS  OF  THE  PRESIDENT. 

RULE  I. 

He  shall  take  the  chair,  every  day.  at  the  hour  to  which  the 


Convention  shall  have  adjourned,  call  the  Convention  to  order, 
and  direct  the  Secretary  to  call  the  roll.  If  a  quorum  is  present, 
he  shall  have  the  Journal  of  the  preceding  day  read. 

RULE  II. 

lie  shall  preserve  order  and  decorum,  may  speak  to  points 
of  order,  in  preference  to  members,  rising  from  his  seat  for  that 
purpose.  He  shall  decide  questions  of  order,  subject  to  an 
appeal  to  the  Convention,  made  by  any  two  members;  on  which 
appeal  no  member  shall  speak  more  than  once,  unless  by  leave 
of  the  Convention. 

RULE  IIL 

He  shall  rise  to  put  a  question,  but  may  state  it  sitting. 
RULE  IV. 

Questions  shall  be  distinctly  put  in  this  form,  to-wit :  As 
man}'  as  are  of  opinion  that  (as  the  question  may  be),  say 
"aye;"  and  after  the  affirmative  is  expressed,  as  many  as  are  of 
a  contrary  opinion,  say  "  no."  If  the  President  doubt,  or  if  a 
division  be  called  for,  the  Convention  shall  divide— those  in  the 
affirmative  of  the  question,  shall  rise;  and  afterwards,  those  in 
the  negative.  The  President  shall  then  state  the  decision  of 
the  Convention. 

RULE  V. 

The  President  shall  have  the  right  to  examine  and  correct 
the  Journal  before  it  is  read.  He  shall  have  a  general  direction 
of  the  hall.  He  shall  have  the  right  to  name  any  member  to 
perform  the  duties  of  the  chaii,  but  such  substitution  shall  not 
extend  beyond  an  adjournment. 

RULE  VI. 

In  all  cases  of  election  by  the  Convention,  the  President  shall 
vote.  In  other  cases,  he  shall  not  vote,  unless  the  Convention 
be  equally  divided,  or  unless  his  vote,  if  given  to  the  minority, 
will  make  the  division  equal,  and  in  case  of  such  equal  divis- 
ion, the  question  shall  be  lost. 

RULE  VII. 

All  Standing  Committees  shall  be  appointed  by  the  President ; 
all  other  committees  shall  be  appointed  by  the  President,  unless 
otherwise  directed  by  the  Convention,  in  which  case,  and  if 
upon  a  vote,  the  number  required  shall  not  be  elected  by  a 
majority  of  the  votes  given,  the  Convention  shall  proceed  to  a 
second  vote,  in  which  a  plurality  shall  prevail;  and  in  ca.se  a 


21 


greater  number  than  is  required  to  compose  or  complete  a 
committee,  shall  have  an  equal  number  of  votes,  the  Conven- 
tion shall  take  another  vote. 

RULE  VIIL 

All  ordinances  shall  be  signed  by  the  President,  and  all  writs, 
warrants,  and  subpoenas  issued  by  order  of  the  Convention, 
shall  be  under  his  hand,  attested  by  the  Secretary. 

RULE  IX 

In  case  of  any  disturbance  or  disorderly  conduct  in  the 
lobby,  te  President  (or  Chairman)  shall  have  power  to  order 
the  lobby  to  be  cleared, 

KULES  GF  DECORUM  AND  DEBATE. 

RULE  X 

When  any  member  is  about  to  speak  in  debate,  or  deliver 
any  matter  to  the  Convention,  he  shall  rise  and  respectfully 
address  himself  to  Mr.  President 

XL 

If  any  member  transgress  the  rules  of  this  Convention,  the 
President  shall,  or  any  member  may,  call  him  to  order,  i  n 
which  case  the  member  so  called  to  order,  if  speaking,  shall 
immediately  sit  down,  unless  permitted  to  explain.  The  point 
of  order  raised,  shall  be  stated  when  a  member  is  called  to 
order,  and  decided  by  the  President,  and  the  Convention  shall, 
if  appealed  to,  decide  on  the  case,  but  without  debate.  If  the 
decision  be  in  favor  of  the  member  called  to  order,  he  shall  be 
at  liberty  to  proceed:  if  the  decision  be  against  him,  and  the 
case  require  it,  he  shall  be  liable  to  the  censure  of  the  Conven- 
tion. 

RULE  XIL 

When  twcr  more  members  happen  to  rise  at  once,  the  Presi- 
ient  shall  name  the  one  who  is  first  to  speak, 

RULE  XIIL 

I 

No  member  shall  speak  more  than  once  on  the  same  ques- 
tion, without  leave  of  the  Convention,  unless  he  be  the  mover, 
proposer,  or  introducer  of  the  matter  pending;  in  which  case 
he  shall  be  permitted  to  speak  in  reply,  but  not  until  every 
•member  choosing  to  speak  shall  have  spoken, 


RULE  XIV. 


While  the  President  is  putting  any  question,  or  addressing 
the  Convention,  none  shall  walk  out  of  or  across  the  house,  nor 
in  such  case,  or  when  a  member  is  speaking,  shall  entertain  pri- 
vate discourse;  nor  while  a  member  is  speaking,  pass  between 
him  and  the  Chair.  Every  member  shall  remain  uncovered 
during  the  session  of  the  Convention.  No  member  or  other  per- 
son shall  visit  or  remain  by  the  Clerk's  table  while  the  yeas  and 
nays  are  being  called,  or  ballots  are  being  counted;  nor  shall 
any  smoking  be  allowed  in  the  hall  of  the  Convention  during 
its  session.  All  manifestations  of  approval  or  disapproval 
within  the  hall  of  the  Convention,  must  be  promptly  sup- 
pressed by  the  Chair. 

RULE  XV. 

No  member  who  is  outside  the  bar  of  the  Convention 
when  his  name  is  called  to  vote,  shall  be  allowed  to  vote,  unless 
he  claim  the  right  to  do  so  before  the  result  is  announced. 

RULE  XVI. 

Upon  a  division  and  a  count  of  the  Convention  upon  a  ques- 
tion, no  member  without  the  bar  shall  be  counted. 

RULE  XVII. 

Every  member  who  shall  be  in  the  Convention  when  a  ques- 
tion is  put,  shall  give  his  vote,  unless  the  Convention,  for  rea- 
sons assigned,  shall  excuse  him.  No  member  shall  be  allowed 
to  make  any  explanation  of  a  vote  he  is  about  to  give,  or  ask 
to  be  excused  from  voting,  after  the  Secretary,  under  order  of 
the  Convention,  shall  have  commenced  calling  the  yeas  and 
nays. 

RULE  XVIII. 

When  a  motion  is  made  and  seconded,  it  shall  be  stated  by 
the  President,  or  being  in  writing,  it  shall  be  handed  to  the 
Chair  and  read  aloud  by  the  Secretary  before  being  debated. 

RULE  XIX. 

Every  motion  shall  be  reduced  to  writing,  if  the  President 
or  any^  member  desire  it. 

RULE  XX. 

After  a  motion  is  stated  by  the  President,  or  read  by  the 
Secretary,  it  shall  be  deemed  to  be  in  the  possession  of  the 


23 

Convention,  but  may  be  withdrawn  at  any  time  before  an 
amendment  or  decision. 

RULE  XXL 

When  a  question  is  under  debate,  no  motion  shall  be  received 
but  to  adjourn;  second,  to  lie  on  the  table;  third,  for  the  pre- 
vious question;  fourth,  to  postpone  to  a  certain  day;  fifth,  to 
commit;  sixth,  to  amend;  seventh,  to  postpone  indefinitely; 
which  several  motions  shall  have  precedence  in  the  order  in 
which  they  are  arranged;  and  no  motion  to  postpone  to  a 
day  certain,  to  commit  or  to  postpone  indefinitely  being  decid- 
ed, shall  be  again  allowed  on  the  same  day  and  at  the  same 
stage  of  the  motion  or  proposition.  A  motion  to  strike  out  the 
enacting  words  of  a  motion,  shall  have  precedence  of  a  motion 
to  amend,  and  if  carried,  shall  be  equivalent  to  its  rejection. 

RULE  XXIL 

A  motion  to  adjourn  and  a  motion  to  fix  the  day  to  which 
the  Convention  shal]  adjourn  shall  always  be  in  order;  these 
motions,  and  the  motion  to  lie  on  the  table,  shall  be  decided 
without  debate. 

RULE  XXIIL 

The  previous  question  shall  be  in  this  form:  "  Shall  the 
main  question  be  now  put  ?"  It  shall  only  be  admitted  when 
demanded  by  a  majoritj^  of  the  members  present,  and  its  effect 
shall  be  to  put  an  end  to  all  debate,  and  bring  the  Convention 
to  a  direct  vote  upon  amendments  reported  by  a  committee,  if 
•any,  upon  pending  amendments,  and  then  upon  the  main  ques- 
tion. On  a  motion  for  the  previous  question,  and  prior  to  the 
second  reading  of  the  same,  a  call  of  the  Convention  shall  be 
in  order;  but  after  a  majority  shall  have  seconded  such  a 
motion,  no  call  shall  be  in  order  prior  to  a  decision  of  the 
main  question. 

RULE  XXIV. 


On  a  previous  question  there  shall  be  no  debate.  All  inci- 
dental questions  of  order  arising  after  a  motion  is  made  for 
the  previous  question,  and  pending  such  motion,  shall  be 
decided,  whether  on  appeal  or  otherwise,  without  debate. 

RULE  XXV. 

Any  member  may  call  for  a  division  of  the  question, 
which  shall  be  divided  if  it  comprehends  propositions  in  sub- 
stance so  distinct  that,  one  being  taken  away,  a  substantial 
proposition  shall  remain  for  the  decision  of  the  Convention. 
A  motion  to  strike  out  and  insert  shall  be  deemed  indivisible. 


24 


RULE  XXVI. 

When  a  motion  has  "been  once  made  and  carried  in  the  affirm- 
ative or  negative,  it  shall  be  in  order  for  any  member  of  the 
majority  to  move  for  a  reconsideration  thereof;  Provided,  It 
is  made  on  the  same  day,  or  the  next  sitting  day,  before  the 
order  of  the  day  is  taken  up,  and  a  motion  for  immediate 
reconsideration  shall  supersede  a  notice  that  a  reconsideration 
will  be  made. 

RULE  XXVII. 

When  a  motion  has  been  once  made  and  decided  in  the 
affirmative  or  negative,  it  shall  be  in  order  for  any  member  of 
the  majority  to  move  for  the  reconsideration  thereof  on  the 
same  or  the  succeeding  day,  and  such  motion  shall  take  prece- 
dence of  all  other  questions,  except  a  motion  to  adjourn. 

RULE  XXVIII. 

If  a  pending  question  be  not  disposed  of,  owing  to  an 
adjournment  of  the  Convention,  and  be  revived  on  the  succeed- 
ing day,  no  member  who  has  spoken  on  the  day  preceding, 
shall  be  allowed  to  speak  again,  without  leave. 

RULE  XXIX. 

When  motions  are  made  for  the  reference  of  a  subject  to  a 
select  committee  and  a  standing  committee,  the  question  for 
the  reference  to  a  standing  committee  shall  be  first  put. 

ORDER  OF  BUSINESS  FOR  THE  DAY. 

f  RULE  XXX. 

As  soon  as  the  Journal  is  read  and  approved  and  the  names 
of  the  members  called,  the  President  shall  ask  if  there  are  any 
resolutions  to  be  presented.  The  resolutions  having  been  pre- 
sented and  disposed  of,  reports,  first  from  standing  and  then 
from  select  committees,  shall  be  called  for,  after  which  the 
President  shall  dispose  of  the  resolutions  and  ordinances  on 
his  table,  and  then  proceed  to  call  the  order  of  the  day,  which 
shall  always  be  taken  up  at  12  o'clock,  m. 

RULE  XXXI. 

The  unfinished  business  in  which  the  Convention  was  en- 
engaged  at  the  time  of  the  last  adjournment,  shall  have  prefer- 
ence in  the  orders  of  the  day;  and  no  motion,  nor  any  other 
business,  shall  be  received  without  special  leave  of  the  Con- 
vention, until  the  former  shall  have  been  disposed  of.  The 
order  of  the  day  shall  be  as  follows ; 


25 


1.  The  unfinished  business  in  which  the  Convention  was 
engaged  at  its  last  adjournment. 

2.  Special  orders  of  the  day. 

3.  Ordinances  and  resolutions  in  the  order  in  which  they 
have  been  presented  to  the  Convention. 

RULE  XXXII. 

Any  ten  members  after  the  organization  of  the  Convention, 
are  authorized  to  compel  the  attendance  of  absent  members. 

RULE  XXXIII. 

Upon  calls  for  the  Convention  and  in  taking  the  }reas  and 
nays  on  any  question,  the  names  of  the  members  shall  be  called 
alphabetically. 

EULE  XXXIV. 

All  questions  relating  to  the  order  of  business  shall  be  de- 
cided without  debate. 

RULE  XXXV. 

Xo  member  shall  absent  himself  from  the  service  of  the 
Convention,  unless  he  have  leave  or  be  unable,  from  sickness, 
to  'attend. 

RULE  XXXVI. 

No  committee  shall  have  the  right  to  appoint  a  clerk  without 
the  consent  of  the  Convention  being  first  obtained. 

RULE  XXXVII. 

All  officers  appointed  or  elected  by  the  Convention,  shall 
hold  their  offices  during  the  pleasure  of  the  Convention  only. 

RULE  XXXVIII. 

No  standing  rule  or  order  of  the  Convention  shall  be  recon- 
sidered or  changed  without  one  day's  notice  being  given  of 
the  motion  thereof.  Nor  shall  any  rule  be  suspended,  except 
by  a  vote  of  two-thirds  of  the  members  present,  nor  shall  the 
order  of  business  as  established  by  the  rules  of  the  Convention 
be  postponed  or  changed,  except  by  a  vote  of  at  least  two- 
thirds  of  the  members  present. 

RULE  XXXIX. 

Every  vote  of  the  Convention  shall  be  entered  on  the  Journal 
with  a  concise  statement  of  the  question,  and  a  brief  statement 


2G 


of  the  contents  of  each  paper  presented  to  the  Convention 
shall  also  be  inserted  on  the  Journal. 

RULE  XL. 

The  Secretary  shall  read  the  Journal  daily  from  the  sheet 
on  which  the  minutes  are  written;  and  after  being  so  read  and 
corrected,  the  said  minutes  shall  be  correctly  recorded  in  the 
Journal.  He  shall  be  responsible  to  the  Convention  for  the 
accuracy  of  the  Journals,  and  for  the  fidelity  and  prompt  exe- 
cution of  all  work  ordered  by  the  Convention.  He  shall 
endorse  all  resolutions  and  ordinances  proper  to  be  endorsed; 
he  shall  keep  in  his  charge  all  documents  in  the  custody  of 
the  Convention,  and  keep  them  in  proper  order. 

RULE  XLI. 

The  Assistant  Secretary  of  the  Convention  shall,  in  the 
event  of  the  absence,  resignation,  or  death  of  the  Secretary, 
take  charge  of  and  attend  to  all  the  duties  of  his  office  until 
his  successor  shall  be  elected;  and  shall  assist  the  Secretary  in 
all  other  matters  appertaining  to  the  duties  of  his  office  when 
directed  by  the  Secretary. 

RULE  XLII. 

It  shall  be  the  duty  of  the  Minute  Clerk  to  keep  the  minutes 
of  the  proceedings  of  the  Convention,  which  shall  be  recorded 
in  the  Journal,  and  copies  thereof,  authenticated  by  the  signa- 
ture of  the  Secretary,  shall  be  prepared  by  the  Minute  Clerk 
for  delivery,  at  his  desk,  to  the  Printer,  by  10  o'clock  on  the 
day  following  that  on  which  it  shall  have  been  read. 

RULE  XLIII. 

The  duties  of  the  Sergeant-at-Arms  shall  be  to  attend  the 
Convention  during  its  sittings,  the  hall,  convention,  and  the 
committee  rooms  and  offices,  belonging  thereto;  to  keep  the 
same  in  order,  and  execute  the  commands  of  the  Convention, 
together  with  all  such  process  issued  by  authority  thereof,  as 
shall  be  directed  to  him  by  the  President. 

RULE  XLIV. 

The  duties  of  the  Doorkeeper  shall  be  to  keep  the  door  of 
the  lobby,  and  perform  such  other  duties  as  the  President  may 
require. 

RULE  XLV. 

The  yeas  and  nays  shall  not  be  ordered  except  at  the  request 
of  one-tenth  of  the  members  of  the  Convention  present. 


27 


XL  VI. 

A  quorum  shall  consist  of  a  majority  of  the  members  elected 
[tad  admitted  to  this  Convention. 

RULE  XLVIL 

The  officers  of  the  Convention  shall  c  >nsist  of  a  President. 
Secretary.  Assistant  Secretary.  Minute  Clerk.  Sergeant-at- 
Arms,  two  Assistants.  Doorkeeper,  and  Official  Printer,  all  oi 
whom  shall  be  elected  by  the  Convention.  Four  Pages  shall 
be  appointed  by  the  President. 

RULE  XL VIII. 

Every  resolution  on  a  subject  upon  which  there  is  a  standing 
committee,  shall,  when  seconded,  be  referred  to  the  appropri- 
ate committee,  and  no  final  action  shall  be  had  upon  such  reso- 
lution until  the  committee  shall  have  reported  thereon. 

RULE  XLIX. 

When  a  substitute  is  offered  to  a  proposed  resolution,  it  shall 
be  treated  a?  a  motion  to  amend  by  striking  out  ah  after  the 
word  resolved,  or  the  enacting  clause,  and  inserting  the  substi- 
tute, and  such  motion  shall  be  governed  by  the  rules  relating 
to  amendments. 

RULE  L. 

All  reports  of  standing  committees  shall  be  printed  and  lie 
over  two  days  before  being  acted  upon. 

RULE  LI. 

On  any  question  of  order  or  parliamentary  practice,  when 
these  Rules  are  silent  or  inexplicit.  Jefferson's  Manual  or  Cush- 
iug"s  work  on  Parliamentary  Law  shall  be  considered  as 
authority. 

RULE  LIL 

The  Convention  shall  meet  every  day  at  10  o'clock,  a.  sr. 
(  Sundays  excepted),  and  adjourn  at  '2  o'clock,  p.  m..  unless 
otherwise  ordered. 

RULE  Llil. 

Any  of  the  foregoing  Rules  may  be  amended,  revise;!,  sus- 
pended or  repealed  by  a  vote  of  two -thirds  of  the  members 
present. 

The  following  shall  be  appointed  as  standing  committees  : 


A  Committee  on  the  Legislative  Department,  to  be  composed 
of  seven  members. 

A  Committee  on  the  Judiciary  Department,  to  be  composed 
of  seven  members. 

A  Committee  on  the  Executive  Department,  to  be  composed 
of  nine  members. 

A  Committee  on  General  Provisions,  to  be  composed  of  seven 
members. 

A  Committee  on  Ordinances  and  Schedule,  to  be  composed  of 
seven  members. 

A  Committee  on  Enrollment,  to  be  composed  of  five  mem- 
bers. 

A  Committee  on  Printing,  to  be  composed  of  seven  mem- 
bers. 

A  Committee  on  Finance,  to  be  composed  of  five  members. 
A  Committee  on  Militia,  to  be  composed  of  thirteen  mem- 
bers. 

A  Committee  on  Public  Education,  to  be  composed  of  thir- 
teen members. 

A  Committee  on  Internal  Improvements,  to  consist  of  seven 
members. 

A  Committee  on  Bill  of  Rights,  to  consist  of  nine  members. 
A  Committee  on  Contingent  Expenses,  to  consist  of  five 
members. 

By  Mr.  Weir:  That  the  report  be  laid  on  the  table,  and  200 
copies  be  printed  for  the  use  of  the  Convention. 

Mr.  Fitzhugh  offered  the  following  as  a  substitute: 

Resolved,  That  the  Rules  just  read  be  taken  up  article  by 
article,  and  adopted. 

Which  was  laid  on  the  table. 

Mr.  Townsend  offered  the  following: 

Resolved,  That  the  report  of  the  Committee  on  Rules  and 
Regulations  be  adopted,  the  committee  discharged,  and  that 
200  copies  be  printed  for  the  use  of  this  Convention. 

Mr.  Castello  offered  the  following,  as  a  substitute  for  the 
whole  matter : 

Resolved,  That  two  hundred  copies  of  the  Report  be  printed 
for  the  action  of  the  Convention. 
Which  was  adopted. 

Mr.  Cunningham  offered  the  following  resolution,  which  was 
carried : 

Resolved,  That  until  we  have  other  rules,  that  the  report  of 
the  committee  be  adopted  as  the  Rules  of  this  Convention. 
The  following  resolution  was  offered  by  Mr.  Mygatt: 
Resolved,  That  a  vote  of  thanks  be  given  to  the  Congress- 
ional Committee  for  presenting  a  valuable  volume,  being  a 
Manual  of  the  several  Constitutions  of  the  different  States  and 
their  amendments. 

Mr.  Townsend  offered  the  following  as  a  substitute : 
Whereas,  as  this  Convention  has  been  presented  by  the 
Union  Republican  Party,  through  its  Executive  Committee, 
with  a  copy  of  the  New  York  Constitutional  Manual,  contain- 


29 

ing  the  Constitutions  of  the  thirty-seven  States  of  this  Union, 
as  they  now  exist,  for  the  information  and  guidance  of  this 
body;  and 

Whereas,  In  the  Constitutions  of  all  but  six  of  the  States  as 
therein  given,  the  word  "  white  "  is  contained  as  a  qualifica- 
tion for  electors  under  their  Constitutions;  and 

Whereas,  In  three  of  the  remaining  six  States,  both  an  edu- 
cational and  property  qualification  is  required  of  electors  under 
their  Constitutions;    Therefore,  be  it 

Resolved,  That  this  Convention  gratefully  accept  the  said 
volume  from  the  said  party,  and  indulges  in  the  hope  that  the 
delegates  to  this  body,  in  adopting  a  Constitution  for  the  peo- 
ple of  the  State  of  Mississippi,  will,  on  the  subject  of  suffrage, 
imitate  the  example  of  nine-tenths  of  the  States  of  this  Union. 

And  be  it  further  resolved,  That  the  President  of  this  Con- 
ventiod  be  requested  to  transmit  a  copy  of  these  resolutions, 
signed  by  himself  and  Secretary,  to  the  Executive  Committee  of 
the  Republican  party. 

Which,  on  motion  of  Mr.  C:  steilo,  was  laid  on  the  table,  by 
the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Beam,  Bon- 
ne}7, Bridges,  Brinson,  Caldwell,  Castelio,  Chapman,  Chappell, 
Clarke,  Combash,  Cunningham,  Dowd,  Drane,  Elliot  John, 
Elliot  James,  Fawn,  Field,  Fitzhugh,  Gibbs,  Hand}7,  Hauser, 
Herbert,  Holland,  Howe,  Hutto,  Jacobs,  Johnson,  Jones,  Kerr, 
Lack,  Lawson,  Longmire,  Mayson,  Mask,  Musgrove,  Miles, 
Moore,  Morgan,  Myers,  Mygatt,  McKnight,  Newsom,  Ozanne, 
Parsons  of  Adams,  Parsons  of  Hinds,  Peyton,  Powell,  Quinn, 
Railsback,  Rainey,  Richardson,  Smith,  Stewart,  Stitcs,  Stovall, 
Stringer,  Stiles,  Toy,  Vaughan,  Warren,  Weir,  Woodmansee, 
and  Yeoman — 67. 

Nays — Messrs.  Compton,  Dalton,  Gaither,  Goss,  Gray,  Hem- 
mingway,  Merriman,  McCutchen,  Nelms,  Nesbitt,  Phillips, 
Stricklin,  Townsend,  Walker,  and  Watson — 15. 

Question  recurring  on  the  original  resolution  of  Mr.  Mygatt, 
it  was  carried. 

On  motion  of  Mr.  Field,  it  was 

Resolved,  That  a  committee  of  five  be  appointed,  one  from 
each  Congressional  District,  to  take  into  consideration  whether 
the  public  lands  of  the  State  may  not  be  disposed  of  so  as  to 
pay  its  indebtedness,  and  facilitate  their  sale  and  settlement. 

Which  was  adopted. 

Mr.  Clarke  introduced  the  following: 

Resolved,  That  the  Secretary  be  authorized  to  appoint  two 
additional  Assistants,  and  that  their  compensation  be  fixed  by 
the  special  committee  on  Pay  of  Officers  and  Members. 

Which  was  lost. 

On  motion  of  Mr.  Castelio,  it  was 

Resolved,  That  the  Sergeant-at-Arms  be  instructed  to  put 
the  committee  rooms  in  order  immediately  for  the  use  of  the 
Convention. 

A  motion  to  reconsider,  by  Mr.  Morgan,  Mr.  Field's  resolu- 


30 


tion  in  reference  to  the  sale  of  lands,  and  referring  the  same  to 
the  committee  on  Legislation  and  Relief,  was  lost. 

Mr.  Stiles'  motion,  to  take  up  his  resolution  of  yesterda}r, 
was  lost. 

On  motion  of  Mr.  Gibbs,  it  was 

Resolved,  That  the  Secretary  be,  and  is  hereby  authorized  to 
appoint  an  additional  Assistant,  whose  pay  shall  be  fixed  by 
the  committee  on  the  Pay  of  Members  and  Officers. 

Mr.  Merryman  offered  the  following: 

Resolved,  That  this  Convention  give  the  remaining  clerk- 
ships to  loyal  Southern  gentlemen,  and  not  monopolize  the 
whole  matter  by  the  appointment  of  Northern  gentlemen  exclu- 
sively. 

Which  was  lost. 

The  President  announced  the  following  gentlemen  as  com- 
posing the  committee  to  memorialize  Congress  to  clothe  this 
Convention  with  certain  authority :  Messrs.  Barry,  Alderson, 
Orr,  Stringer,  Musgrove,  Alcorn,  and  Morgan. 

Mr.  Alderson  presented  the  following  resolution,  which  was 
adopted : 

Resolved,  That  a  committee  of  five  be  appointed  to  take  into 
consideration  the  destitute  condition  of  a  large  number  of  the 
citizens  of  this  State,  and  the  most  appropriate  means  of  a 
present  and  permanent  relief  to  the  same. 

Mr.  Chappell  called  up  the  resolution  of  Mr.  Alcorn,  of 
yesterday,  and  on  motion  of  Mr.  Castello  it  was  laid  upon  the 
table  until  such  time  as  it  can  be  considered  by  the  proper 
committee. 

Mr.  Chappell  introduced  the  following  resolution : 
Resolved,  That  the  claims  of  Mr.  Adams  be  recommended  to 
the  favorable  consideration  of  the  President  in  making  addi- 
tional appointments  as  Assistant  Secretaries. 
Which  was  laid  on  the  table. 

Mr.  Cunningham  moved  the  appointment  of  a  committee  on 
lights; 

Which  was  carried. 

Mr.  Woodmansee  offered  the  following  resolution: 

Resolved,  That  this  Convention  memorialize  Congress  to 
amend  the  reconstruction  Acts  so  as  to  allow  all  persons  who 
hold  certificates  of  registry  to  vote  wherever  they  may  be  on 
the  day  of  election  for  the  ratification  of  the  several  constitu- 
tions of  the  unreconstructed  States. 

Which  was  laid  on  the  table  until  it  can  be  referred  to  the 
appropriate  committee. 

Convention  adjourned  until  Monday  morning  at  10  o'clock. 

T.  P.  Sears, 
Secretary. 


31 


SIXTH  DAY. 

Jackson,  Miss.,  Mondays  January  13th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 
Journal  read  and  approved. 

Leave  of  absence  was  granted  to  E.  G.  Peyton,  of  Copiah, 
for  two  days. 

Mr.  Beam  offered  the  following: 

He-solved.  That  a  special  committee  be  appointed,  consisting 
of  five,  to  examine  into  the  amount  of  taxes  assessed  and  col- 
lected in  this  State  for  the  years  1866  and  1867,  and  what  dis- 
position has  been  made  of  the  same,  and  for  this  purpose,  they 
be  authorized  to  call  upon  any  of  the  acting  civil  officers  in 
any  capacity  pertaining  to  the  same  in  this  State,  for  informa- 
tion upon  this,  and  report  to  this  Convention  at  their  earliest 
convenience. 

Which  was  laid  on  the  table  for  proper  committee. 
Mr.  Field  introduced  the  following: 

Whereas.  A  common  pecuniary  ruin  overwhelms  the  people 
of  this  State,  from  which  it  is  impossible  to  extricate  them 
without  the  aid  and  assistance  of  this  Convention;  and 

Whereas.  By  reason  of  the  late  rebellion  and  the  unlawful 
Sfovernment  established  in  the  State,  all  civil  and  political  rights 
have  been  so  disturbed  and  modified,  if  not  totally  destroyed, 
that  the  obligation  to  comply  with  old  contracts  so. unequal, 
oppressive,  and  unjust,  and  ruinous,  that  it  requires  the  inter- 
position of  the  sovereign  power  to  equalize  the  rights  and 
obligations  of  the  people  so  as  to  carry  out  the  spirit  of  the 
contracts  existing  before  the  war;  therefore  be  it 

Resolved.  That  the  committee  be  instructed  to  inquire 
into  the  expediency  of  reporting  an  ordinance  requiring  the 
holder  of  any  claim  of  any  sort  against  another  to  receive,  in 
payment  therefor,  any  property  the  obligor  may  tender  to  him 
a  deed  for,  to  be  valued  at  the  market  price  when  such  obliga- 
tion was  entered  into,  and  upon  refusal  to  accept  such  tender 
or  orier.  the  obligation  to  become  null  and  void. 

Which  was  laid  on  the  table  for  proper  committee. 

Mr.  McKee  offered  the  following: 

Ftesolved,  In  order  to  meet  the  expenses  of  this  Convention, 
that  State  warrants  to  the  amount  of  thirty-five  thousand  dol- 
lars be  issued  and  made  receivable  by  Sheriffs  and  other  State 
officers  in  payment  for  taxes  due  the  State  of  Mississippi,  and 
other  dues. 

Mr,  Stricklin  offered  the  following  as  a  substitute : 
Be  it  ordained  by  the  Convention  of  the  State  of  Jlississijrpi. 
That  sl per  capita  tax  of  two  dollars  and  fifty  cents  he  levied  on 
each  voter  in  the  State  of  Mississippi  to  defray  the  expenses  of 
this  Convention:  that  the  Sheriffs  of  the  counties  or  their 
deputies,  in  attendance  on  the  registrars  of  elections,  be  em- 


32 


powered  to  collect  said  tax  and  receipt  for  the  same  before 
their  ballots  are  deposited;  and  said  Sheriffs,  or  their  deputies, 
shall  be  required  to  return  all  funds  so  collected,  and  deposit 
the  same  with  the  State  Treasurer  to  redeem  all  warrants 
issued  to  defray  the  expenses  of  this  Convention,  and  none 
other;  and  the  Commanding  General  of  the  Fourth  Military 
District  is  earnestly  requested  to  aid  in  the  execution  of  this 
ordinance. 

"Which  was  laid  on  the  table. 

On  motion  of  Mr.  Hauser,  the  original  resolution  was  laid  on 
the  table  until  it  could  be  referred  to  the  proper  committee. 
Mr.  Gibbs  offered  the  following: 

Resolved,  That  a  special  committee  of  three  be  appointed  to 
inquire  into  the  validity  of  the  charter  of  the  Gas  Company 
of  the  city  of  Jackson,  with  power  to  send  for  persons  and 
papers,  and  to  report  at  their  earliest  convenience. 

Which  was  adopted. 

Mr.  Morgan  offered  the  following: 

Resolved,  That  a  committee  of  seven,  with  power  to  send  for 
persons  and  papers,  be  appointed  by  the  President  of  this  Con- 
vention, to  investigate  and  report  upon  the  charges  against  a 
portion  of  the  people  of  this  State,  as  promulgated  in  a  procla- 
mation by  B.  G.  Humphreys,  Provisional  Governor  of  the  State 
of  Mississippi. 

Mr.  Stricklin  moved  to  lay  on  the  table; 

Which  was  lost. 

Mr.  Field  offered  the  following,  as  a  substitute  for  the  above : 
Resolved,  That  this  Convention  believes  that  there  was  no 
reasonable  grounds  to  justify  the  proclamation  charging  any 
person  or  persons  of  evil  intention  or  purpose  to  any  portion 
of  the  people  of  the  State. 
Which  was  tabled. 

Mr.  Townsend  offered  the  following: 

Insert  in  the  original,  after  the  words  "  proclamation  of  the 
Governor,"  "  issued  at  the  request  of  the  Commander  of  this 
military  department." 

Which  was  laid  on  the  table. 

The  original  resolution  was  adopted  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Beam,  Bonney, 
Bridges,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Collins, 
Combash,  Conley,  Cunningham,  Dowd,  Drane,  Elliott  James, 
Elliott  John,  Fawn,  Field,  Fitzhugh,  Gibbs,  Goss,  Hand}-, 
Hauser,  Herbert,  Holland,  Howe,  Hutto,  Jacobs,  Johnson  A., 
Jones,  Kerr,  Lawson,  Leas,  Leonard,  Longmire,  Mayson,  Mask. 
Musgrove,  Montgomery,  Miles,  Moore,  Morgan,  Myers,  My= 
gatt,  McKee,  McKnight,  Newsom,  Ozanne,  Parsons  of  Adams, 
Parsons  of  Hinds,  Peyton  of  Hinds,  Powell,  Qtiinn,  Rails- 
back,  Rainey,  Richardson,  Smith,  Stewart,  Stites,  Stringer, 
Stiles,  Toy,  Warren,  Weir,  Woodmansee,  and  Yeoman— 69. 

Nats— Messrs.  Compton,  Dalton,  Gaither,  Hemmingway, 
Johnson  of  Carroll,  Lack,  Merryman,  McCutchen,  Nelms, 
Phillips,  Stovall  Stricklin,  Townsend,  Walker,  Watson  ~i5. 

Mr.  Cunningham  offered  the  following: 


Resolved,  That  a  copy  of  this  resolution,  signed  by  the  Pres- 
ident and  Secretary  of  this  Convention,  be  forwarded  to  the 
Chairman  of  the  Union  Republican  Committee  of  the  United 
States. 

Which  was  adopted. 
By  2ir.  F.  Parsons: 

Resolved,  That  the  Sergeant-at-Arms  be  directed  to  take  pos- 
session of  the  Senate  Chamber,  and  put  it  in  order,  so  that  it 
may  be  used  as  a  committee  room  for  this  Convention. 

Which  was  adopted. 

The  Secretary  respectfully  reported  the  appointment  of  Mr. 
J.  Lemly.  of  Hinds,  as  an  Assistant  Secretary,  under  the  resolu- 
tion of  the  Convention. 
By  Mr.  MorgaD : 

Resolved,  That  a  committee  of  three  be  appointed  to  inquire 
into  certain  charges  against  Mr.  Barry,  of  Holmes,  which  have 
appeared  in  certain  papers,  with  power  to  send  for  persons  and 
papers. 

Mr.  Field  offered  the  following: 

That  all  other  members  of  this  body,  charged  with  immorali- 
ties or  crimes,  be  likewise  embraced  in  this  resolution; 
Which  was  lost. 

Mr.  Compton  offered  the  following,  as  a  substitute: 
Resolved,  That  in  the  opinion  of  this  Convention,  the  defense 
of  the  private  reputation  of  gentlemen  on  this  floor,  rests  in 
the  hands  of  members  who  feel  themselves  aggrieved. 
Which  was  laid  on  the  table. 

By  Mr.  Townsend:  And  that  the  expense  of  such  investigation 
be  borne  by  the  delegate  in  whose  behalf  it  is  made; 
Which  was  lost. 

The  question  then  recurring  on  the  original  resolution,  it  was 
adopted, 

Mr.  Fitzhugh  offered  the  following : 

Resolved,  That  a  vote  of  thanks  be  returned  to  the  Executive 
Committee  for  the  copies  of  the  Alabama  Constitution,  to  be 
transmitted  by  the  President. 

By  Mr.  Field :  Add  that  we  return  thanks  for  those  and  any 
others  that  they  may  hereafter  send  us. 

The  amendrnennt  of  Mr.  Field  to  the  original  resolution  of 
Mr.  Fitzhugh  was  lost,  and  the  original  resolution  was  adopted. 

Mr.  Hauser  offered  the  following: 

Resolved,  That  a  committee  on  Immigration,  consisting  of 
ten,  two  from  each  Congressional  District,  be  appointed  by  the 
President. 

Which  was  laid  on  the  table. 

Mr.  Castelio  offered  the  following : 

Resolved.  That  a  committee  of  five  be  appointed  by  the 
Chair,  whose  duty  it  shall  be  to  ascertain  whether  there  is  any 
member.  or  members,  elected  to  this  Convention,  who  have  in 
any  way  identified  theselves  against  the  Reconstruction  Acts 
of  Congress,  and  who  have  declared  the  assemblage  of  this 
Convention  unconstitutional,  and  who  do  not  regard  the  ordin- 
C— 3 


34 


ances  of  this  Convention  valid,  and  report  as  soon  as  possible. 

On  motion,  the  sesolution  was  made  the  order  x>f  the  day  for 
to-morrow  at  12  o'clock. 

Mr.  Mygatt,  chairman  of  the  committee  on  Pay  of  Members 
and  Officers,  made  the  following  report : 

Mr.  President:  Your  committee  appointed  to  take  into 
consideration  the  compensation  of  members  and  officers  of 
this  Convention,  would  state,  that  in  consequence  of  the  de- 
preciated state  of  the  currency,  and  increased  expenses  grow- 
ing out  of  that  fact,  that  in  the  opinion  of  your  committee, 
the  following  compensation  would  be  fair  and  just: 


For  President,  per  diem  $20  00 

For  Members,  each,  per  diem   10  00 

For  Reporter,  per  diem   15  00 

For  Secretary,  per  diem   15  00 

For  Assistant  Secretaries,  each,  per  diem   10  00 

For  Sergeant-at-Arms,  per  diem   10  00 

For  Assistant  Sergeant-at-Arms,  each,  per  diem   5  00 

For  Chaplain,  per  diem   10  00 

For  Postmaster,  per  diem   .  8  00 

For  Doorkeeper,  per  diem   5  00 

For  Hall  Porter,  per  diem   4  00 

For  Pages,  each,  per  diem   2  50 

For  mileage  for  members,  forty  cents  per  mile   40 

Respectfully, 

A.  Mygatt, 

Report  received.  Chairman. 


Mr.  Compton,  of  the  above  named  committee,  submitted  the 
following,  as  a  minority  report : 

Mr.  President  :  As  a  member  of  the  committee  appointed  to 
suggest  the  rate  of  compensation  of  the  officers  and  members 
of  this  body,  I  beg  leave  to  submit  the  following  preamble  and 
resolution,  as  a  minority  report. 

Very  Respectfully, 

W.  M.  Compton. 

Whereas,  The  Military  bill  passed  by  the  Congress  of  the 
United  States,  on  the  2d  day  of  March,  1867,  together 
with  the  supplements  thereto  known  as  the  reconstruction 
measures,  are  unconstitutional  and  unjust,  and  oppressive  to 
the  people  of  Mississippi;  and 

Whereas,  In  pursuance  thereto,  an  officer  of  the  United 
States  Army  has  ordered  the  assembling  of  a  Convention  for 
the  purpose  of  making  revolutionary  changes  in  the  Constitu- 
tion of  the  State;  and 

Whereas,  Although  the  Constitution  of  the  United  States 
and  laws  made  in  pursuance  thereof,  are  the  supreme  law  of 
the  land,  yet  the  powers  not  delegated  to  the  United  States 
by  the  Constitution,  nor  prohibited  by  it  to  the  States,  are 
reserved  to  the  States  respectively  or  to  the  people;  and  among 
the  rights  thus  reserved  to  the  States  is  the  right  to  prescribe 
the  qualifications  for  the  elective  franchise  therein  with  which 
right  Congress  has  no  power  to  interfere;  and 


Whereas,  In  prescribing  the  qualification  of  voters  in  the 
election  of  delegates  to  the  said  Convention,  a  large  and 
influential  class  of  citizens  of  this  State,  who  have  heretofore 
exercised  the  right  of  suffrage  under  the  Constitution  of  the 
United  States  and  of  the  State  of  Mississippi,  have  been  dis- 
franchised ;  and  on  the  other  hand,  a  still  larger  class  of  per- 
sons, who  are  not  and  have  never  been  recognized  as  citizens 
of  this  State,  or  of  the  United  States,  have  been  permitted  to  vote ; 
and  believing  that  a  majority  of  the  persons  on  this  floor  are 
either  not  citizens  of  this  State,  or  that  they  have  been  elected 
by  illegal  votes;  therefore,  be  it 

Resolved,  That  this  assembly  is  unconstitutionally  con- 
vened, and  is  not  competent  to  make  amendments  to  the  Con- 
stitution of  the  State  of  Mississippi,  in  an}r  respect  whatever, 
and  therefore  the  officers  and  members  of  this  body  are  not 
entitled  to  compensation  for  any  services  which  they  may  see 
proper  to  perforin,  in  such  capacity,  to  the  people  of  the  State 
of  Mississippi,  or  to  the  people  of  the  United  States. 

Mr.  Weir  moved  to  reject  the  minority  report. 

The  Chair  decided  there  was  no  question  before  the  Con- 
vention. 

Mr.  Weir  appealed  from  the  decision  of  the  Chair. 
Upon  a  division  being  called,  the  Chair  was  sustained,  by  the 
following  vote:  Yeas  61;  nays  6. 
Mr.  Morgan  offered  the  following : 

Resolved,  That  the  reports  of  the  majority  and  minority  of 
the  committee  on  Compensation  be  received  and  printed,  and 
made  the  special  order  of  business  for  Thurschiy,  at  12  o'clock. 

Mr.  McKee  moved  to  lay  the  above  on  the  table ; 

Which  was  adopted. 

Mr.  Mayson  moved  that  the  majority  report  on  Compensa- 
tion be  adopted. 

Mr.  Field  offered,  as  a  substitute,  the  following: 
Resolved,  That  the  report  be  recommitted,  with  instructions 
to  reconsider  it,  as  it  is  extravagant  and  oppressive  to  the 
people. 

A  motion  to  lay  on  the  table  was  lost. 

The  yeas  and  nays  being  called,  resulted  as  follows :  Yeas, 
32;  nays,  37. 

Mr.  Leas  offered  the  following,  as  an  amendment : 

Resolved,  That  after  twentjr  days,  no  one  connected  with  this 
Convention,  either  as  a  member  or  otherwise,  shall  receive  over 
five  dollars  per  diem. 

Which  was  laid  on  the  table. 

Mr.  McKee  offered  the  following : 

Resolved,  That  the  consideration  of  the  whole  matter  be 
postponed  until  to-morrow,  at  12  o'clock. 
Which  was  adopted. 

The  President  announced  the  following  special  committees: 

COMMITTEE   ON  RELIEF. 

Messrs.  Morgan,  Nelms,  Quinn,  Stewart,  Jacobs. 


36 


COMMITTEE  ON  DESTITUTION 

Messrs.  Alderson,  Hauser,  Parsons,  of  Adams,  Elliott  John, 
Watson. 

COMMITTEE  ON   LIGHTS  I 

Messrs.  Cunningham,  Montgomery,  Chappell. 

COMMITTEE  TO  ASCERTAIN  THE    COST  OF  PUBLISHING  PROCEEDINGS 
IN  THREE  PAPERS! 

Messrs.  Field,  Gaither,  Walker,  Elliott  Jas.,  Phillips. 

♦      COMMITTEE  ON  PUBLIC  LANDS: 

Messrs.  Fields,  Alcorn,  Stricklin,  Newsom, 

A  communication  was  received  from  Headquarters  Fourth 
Military  District,  in  regard  to  the  payment  of  Sheriffs  serving 
at  elections,  and  referred  to  the  committee  on  Finance. 

Committee  on  Credentials,  having  reported  W.  J.  Lilley  as 
being  present,  which  is  not  so  in  fact,  the  Journal  was  accord- 
ingly corrected. 

A  motion  to  adjourn  until  to-morrow,  at  10  o'clock,  was 
lost. 

Mr.  Clarke  offered  the  following: 

Resolved,  That  no  motion  to  adjourn  sine  die  shall  be  enter- 
tained, unless  five  days  previous  notice  be  given. 
Which  was  adopted. 

Mr.  Townsend  gave  notice  that,  on  Saturday,  the  18th  inst., 
he  would  move  that  the  Convention  adjourn  sine  die. 
On  motion  of  Mr.  Alderson,  it  was 

JResolved,  That  the  vote  on  the  resolution  of  Mr.  Morgan 
to  receive  and  print  and  make  the  special  order  of  business  for 
Thursday,  at  12  o'clock,  the  Report  of  the  majority  and  minor- 
ity of  the  committee  on  Compensation  of  Members,  etc.,  be 
reconsidered. 

Mr.  McKee  moved  to  adjourn  until  to-morrow,  at  10 
o'clock. 

Which  was  carried,  by  the  following  vote:  Yeas,  47; 
nays,  25. 

T.  P.  Sears, 

Secretary. 


SEVENTH  DAY. 

Jackson,  Miss.,  Tuesday,  January  14th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 
Journal  of  yesterday  read  and  approved. 
Mr.  Woodmansee  offered  the  following : 


37 


Jftesolved,  That  the  ordinances  offered  by  myself  on  yes- 
terday morning,  "  declaring  all  debts,  etc.,"  be  stricken  from 
the  Journal. 

Which  was  carried. 

Mr.  Townsend  offered  the  following: 

Besolved,  That  the  staff  officers  of  the  Fourth  Military  Dis- 
trict, temporarily  sojourning  in  this  city,  be  invited  to  seats 
within  the  bar  of  this  Convention. 

Mr.  Hauser  moved  to  la}^  on  the  table; 

Which  was  lost. 

Question  recurring  on  the  original  motion,  it  was  carried  by 
the  following  vote:    Yeas,  38;  nays,  15. 
Reports  of  committees  being  in  order, 

Mr.  Cunningham,  Chairman  of  the  committee  on  Lights,  made 
the  following  report: 

Mr.  President  :  Your  committee  on  Lights  would  report  as 
follows:  That  as  the  Convention  meets  at  10:00  a.  m.,  and  ad- 
journs at  2:00  p.  si.,  that  no  additional  light  is  needed  for  the 
sessions  of  this  Convention,  and  as  the  different  committees 
are  in  the  habit  of  meeting  at  the  private  room  of  one  of  the 
members  of  the  same,  your  committee  are  of  the  opinion 
that  this  practice  had  better  be  continued,  and  that  each  com- 
mittee shall  report  the  expense  of  the  light  so  furnished  for 
the  action  of  this  Convention. 

All  of  which  is  respectfully  submitted, 

W.  Ben.  Cunningham, 

Chairman. 

On  motion  of  Mr.  Conely,  the  report  was  received  and  adopted. 
The  President  announced  the  following  standing  committees : 

LEGISLATIVE  DEPARTMENT. 

Messrs.  Bany,  McKnight,  Stringer,  Gibbs,  Warren,  Orr, 
Alcorn. 

JUDICIARY. 

Messrs.  McKee,  E.  G-.  Peyton,  Watson,  Cunningham,  Gaither, 
Herbert,  Railsback. 

EXECUTIVE. 

Messrs.  Alderson,  Fitzhugh,  Hemmingway,  Field,  M}rgatt, 
Longmire,  Kerr,  Johnson  of  Carroll,  Lawson. 

GENERAL  PROVISIONS. 

Messrs.  Castello,  Mask,  Stiles,  Clarke,  Stovall,  Bonney,  Par- 
sons of  Hinds. 

ORDINANCE  AND  SCHEDULE. 

Messrs.  Musgrove,  Fawn,  Caldwell,  Stiles,  Combash,  Dowd, 
Jamison. 


38 

ENROLLMENT. 

Messrs.  Weir,  Morgan,  Newsom,  Montgomery,  Cunningham. 

PRINTING. 

Messrs.  Orr,  Jones,  Quinn,  Ozanne,  Moore,  Gray,  Chappell. 

FINANCE. 

Messrs.  Parsons  of  Adams,  Woodmansee,  Smith,  Jamison, 
Leas. 

MILITIA. 

Messrs.  Morgan,  Nesbitt,  Neilson,  Handy,  McKee,  Richard- 
son, Peyton  of  Hinds,  Goss,  Walker,  Vaughan,  Hutto, 
Phillips,  Myers. 

PUBLIC  EDUCATION. 

Messrs.  Clarke,  Williams,  Mayson,  Chapman,  Yeoman,  Lack, 
Jacobs,  Ballard,  Bridges,  Jones,  Warren,  Stewart,  Powell. 

INTERNAL  IMPROVEMENTS. 

Messrs.  Hauser,  Drane,  Elliott  of  Monroe,  Nelms,  Beam, 
Miles,  Eainey. 

BILL  OF  RIGHTS. 

Messrs.  Mygatt,  Leonard,  Elliott  of  Itawamba,  Jacobs, 
Johnson  of  Warren,  Peyton  of  Hinds,  Holland,  Collins,  Toy. 

CONTINGENT  EXPENSES. 

Messrs.  Ozanne,  Gibbs,Brinson,  Conley,  Railsback. 
The  following  Special  Committees  were  appointed : 

GAS  COMPANY. 

Messrs.  Gibbs,  Stiles,  Toy. 

TO  INVESTIGATE    GOVERNOR   HUMPHREYS'  PROCLAMATION, 

Messrs.  Mayson,  Alderson,  Hauser,  Jacobs,  Field,  Gibbs, 
Moore. 

TO  INQUIRE  INTO  THE  CHARGES  AGAINST  GEN.  BARRY. 

Messrs.  Morgan,  Orr,  Williams. 


;;<j 


A  communication  from  Headquarters  4th  Military  District, 
in  reference  to  W.  T.  Stricklin,  was  received  and  referred  to  a 
special  committee  of  three. 

On  motion  of  E.  A.  Peyton,  the  President  was  authorized  to 
appoint  an  additional  Doorkeeper. 

.  Mr.  Beam,  of  Franklin,  was  granted  a  leave  of  absence 
for  three  days. 

Mr.  J.  Lemly,  as  an  Assistant  Secretary,  was  sworn  in. 

The  President  announced  the  appointment  of  Elijah  Robin- 
son, as  Assistant  Doorkeeper; 

Whereupon,  E.  Robinson,  as  an  Assistant  Doorkeeper,  and 
Rolla  Williams,  as  Assistant  Sergeant-at-Arms,  were  sworn  in. 

Mr.  Holland  offered  the  following: 

Whereas,  The  minority  report  of  the  committee  on  Compen- 
sation is  believed  to  be  intended  as  an  insult  to  this  Conven- 
tion, inasmuch  as  it  declares  that  the  military  bill  passed  by 
the  Congress  of  the  United  States  for  the  more  efficient 
government  of  the  rebel  States  thereunder,  is  unconstitutional, 
and  declares  this  Convention  to  be  an  illegal  body  and  a  farce; 
therefore,  be  it 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the 
minority  of  that  committee  withdraw  from  this  body,  which 
they  consider  illegal,  without  compensation,  and  pay  their  own 
expenses  while  here,  and  in  coming  to  and  going  from  this 
place. 

Mr.  Morgan  offered  the  following  as  a  substitute : 
Whereas,  The  Act  of  the  Congress  of  the  United  States 
entitled  an  Act  to  provide  for  the  more  efficient  government  of 
the  rebel  States,  passed  March  2,  1867,  and  the  Acts  supple- 
mental thereto,  provided  for  the  assemblying  of  a  Convention 
of  the  loyal  citizens  of  the  State  of  Mississippi,  by  the  choice 
of  delegates,  duly  elected  and  qualified,  to  represent  said  loyal 
citizens;  and 

Whereas,  Said  Acts  of  Congress,  authorize  said  loyal  citi- 
zens, by  their  delegates  in  Convention  assembled  to  form  a 
Constitution  and  civil  government  for  the  said  State  of  Mis- 
sissippi, in  conformity  with  the  Constitution  of  the  United 
States  in  all  respects;  and 

Whereas,  Said  Convention  has  assembled,  is  duly  organized, 
and  by  its  President,  has  appointed  a  committee  entitled  a  com- 
mittee on  Compensation  of  Members,  and  transactad  other 
business;  and 

Whereas,  Said  committee  has  submitted  a  majority  and  mi- 
nority report  for  the  consideration  and  action  of  said  Conven- 
tion; and 

Whereas,  The  report  of  the  majority  of  said  committee, 
is,  in  every  respect,  in  conformity  with  the  law,  and  has  been 
received  to  be  considered  by  the  whole  Convention ;  and 

Whereas,  The  report  of  the  minority  of  said  committee,  by 
Mr.  Compton,  a  duly  elected  and  qualified  member  from  Marshall 
county,  is  obnoxious  to  all  law,  and  is  intended,  we  believe,  as 
a  direct  insult  to  the  loyal  people,  and  is  an  open  and  avowed 


40 


defiance  of  the  law  of  the  land,  and  in  its  language  well  calcu- 
lated to  disturb  the  public  peace  and  tranquility,  thereby 
obstructing  reconstruction;  therefore,  be  it 

Resolved  by  the  loyal  people,  of  the  State  of  Ifississipjn,  in 
Convention  assembled,  That  the  said  minority  report  be  reject- 
ed; that  the  said  Compton  merits  the  censure  of  this  Conven- 
tion, and  that  he  be  granted  a  leave  of  absence  for  fourteen 
days. 

Pending  the  discussion  of  Mr.  Morgan's  substitute,  the  hour  of 
12  o'clock  having  arrived,  the  President  announced  the  regular 
order  of  the  day  as  being  Mr.  Morgan's  resolution,  of  yester- 
day, and  it  again  being  put  before  the  Convention,  it  was  lost. 

The  special  order  having  been  announced,  being  Mr.  Castel- 
lo's  resolution  of  yesterday,  it  was  adopted. 

Further  special  order,  the  resolution  of  Mr.  May  son  on 
compensation  of  members,  etc.,  being  called,  the  following  was 
offered,  as  a  substitute,  by  Mr.  McKee : 

Resolved,  That  the  report  of  the  majority  of  the  committee 
on  Compensation  be  recommitted  to  the  committee,  with  in- 
structions to  report  on  Saturday  of  next  week,  at  12  o'clock. 

Which  was  carried. 

On  motion  of  Mr.  Clarke,  it  was  resolved  to  make  the  consid- 
eration of  Eules  the  special  order  for  to-morrow,  at  12  o'clock. 

The  Convention  resumed  the  consideration  of  regular  busi- 
ness, to-wit:  Mr.  Morgan's  substitute  to  Mr.  Holland's  resolu- 
tion; which,  on  motion  of  Mr.  Gaither,  together  with  the 
original,  was  laid  on  the  table. 

Mr.  Musgrove  offered  the  following: 

Resolved,  That  it  is  the  sense  of  the  Convention,  that  the 
delegate  from  Marshall,  in  the  minority  report,  which  he  has 
submitted,  has  violated  the  spirit  and  obligation  of  the  registry 
oath,  which  he  claims  to  have  taken. 

The  yeas  and  nays  being  called,  the  resolution  was  adopted, 
by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Bonnety, 
Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Clarke,  Dowel, 
Drane,  Elliott  Jas.,  Field,  Fitzhugh,  Gibbs,  Handy,  Hauser, 
Holland,  Jacobs,  Johnson  S.,  Lawson,  Leas,  Leonard,  Mayson, 
Musgrove,  Myers,  Moore,  Morgan,  Miles,  Mygatt,  Newsom, 
Ozanne,  Parsons  of  Adams,  Parsons  of  Hinds,  Peyton  of 
Hinds,  Powell,  Quinn,  Eailsback,  Smith,  Stewart,  Stringer, 
Stites,  Toy,  Warren,  Weir,  Woodmansee,  and  Yeoman — 49. 

Nays — Messrs.  Beam,  Collins,  Combash,  Compton,  Cunning- 
ham, Dalton,  Elliott  Jno.,  Fawn,  Gaither,  Goss,  Grey,  Hem- 
mingway,  Howe,  Hutto,  Jamison,  Johnson  of  Warren,  Kerr, 
Lack,  Montgomery,  Mask,  Merryman,  McCutchen,  McKee, 
Nelms,  Phillips,  Rainey,  Richardson,  Stiles,  Stovall,  Towsend, 
Vaughan,  Walker,  and  Watson — 33. 

Mr.  Townsend  moved  to  allow  all  gentlemen  to  explain  their 
votes ; 

Which  was  laid  on  the  table. 


41 


A  motion  to  adjourn  till  10  o'clock  to-morrow  was  carried, 
by  the  following  vote:  Yeas,  42;  nays,  32. 

T.  P.  Sears, 
Secretary. 


EIGHTH  DAY. 

Jackson,  Miss.,  Wednesday,  January  loth,  1868. 

Convention  met  pursuant  to  adjournment. 

Prayer  by  the  Chaplain. 

Roll  called.   Quorum  present. 

Journal  of  yesterday  read  and  approved. 

Mr.  Field  offered  the  following : 

Whereas,  Much  protracted  debate  and  loss  of  time  results 
from  a  diversity  of  opinion,  relative  to  the  character  of  our 
Government,  its  fundamental  laws  and  principles,  it  is  desira- 
ble that  the  sense  of  this  Convention  should  be  taken  on  each 
question,  the  settlement  of  which,  by  its  vote,  may  avert  the 
evils  apprehended;  therefore,  be  it 

Resolved,  That,  according  to  the  principles,  laws,  and  Con- 
stitution of  our  State  and  national  government,  all  legislative 
Acts  passed,  according  to  constitutional  forms,  are  binding 
and  valid  as  constitutional  law,  which  all  individuals,  corpora- 
tions, and  officers,  are  bound  to  obey,  from  the  time  of  their 
enactment  until  rendered  void  and  of  non-effect  by  judicial 
decision  that  they  are  unconstitutional,  or  repealed  by  the 
power  that  enacted  them. 

Mr.  Gaither  moved  that  its  consideration  be  postponed,  and 
it  be  made  the  special  order  for  Friday  next; 

Which  was  lost. 

The  preamble  and  resolution  of  Mr.  Field  was  then  adopted, 
by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Barry,  Bonney,  Bridges,  Caldwell, 
Castello,  Chapman,  Chappell,  Clarke,  Combash,  Cunningham, 
Dowd,  Drane,  Elliott  of  Itawamba,  Elliott  of  Monroe,  Fawn, 
Field,  Fitzhugh,  Gibbs,  Goss,  Handy,  Hauser,  Holland,  Howe, 
Hutto,  Jacobs,  Johnson  of  Warren,  Jones,  Kerr,  Lack,  Law- 
son,  Leonard,  Longmire,  Mayson,  Mask,  Musgrove,  Montgom- 
ery, Moore,  Miles,  Myers,  Mygatt,  Newsom,  Orr,  Ozanne,  Pey- 
ton of  Hinds,  Powell,  Quinn,  Railsback,  Rainey,  Richardson, 
Stewart,  Stiles,  Stovall,  Stringer,  Stites,  Toy,  Vaughan,  War- 
ren, Williams,  Woodmansee,  and  Yeoman — 61. 

Nays — Messrs.  Compton,  Dalton,  Gaither,  Gray,  Hemming- 
wao,  Johnson  of  Carroll,  Merryman,  Morgan,  McCutchen, 
Nelms,  Nesbitt,  Phillips,  Townsend,  and  Watson — 14. 

Mr.  Compton  moved  to  adjourn; 

Which  was  lost. 


42 


Special  order  of  the  day  being  call,  Mr.  Barry  moved  to  sus- 
pend the  Bules,  so  as  to  allow  the  committee  on  Stationery  to 
report; 

Which  was  carried. 

Mr.  Castello,  the  Chairman,  submitted  the  following  report: 
Mr.  President  :  The  committee  appointed  to  procure  sta- 
tionery for  the  use  of  the  Convention,  would  respectfully  report 
that  said  committee  authorized  Mr.  D.  McA.  Williams,  one  of 
the  committee,  to  proceed  to  New  Orleans  and  purchase  for  the 
use  of  the  Convention  the  necessary  stationery.  Mr.  Williams 
has  returned,  and  brought  with  him  the  stationery.  The  bill 
is  herewith  attached: 

New  Orleans,  January  13, 1868. 
Mr.  D.  McA.  Williams,  bought  of  II.  D.  McGinnis: 


25  reams  sup.  letter  paper  @  $5  50  $137  50 

20  reams  sup.  extra  paper  @  $9  50   190  00 

50  reams  sup.  cap  extra  paper  @  $9   450  00 

10  reams  sup.  legal  cap  paper  @  $12   120  00 

150  dozen  steel  pens   18  00 

500  sheets  blotting  paper   15  00 

900  pen-holders.   18  00 

50  dozen  quill  pens   24  00 

150  ink-stands.  .   42  00 

8  quarts  Arnold's  fluid  ink   16  00 

4  dozen  bottles  carmine  ink   16  00 

650  Faber's  pencils   80  00 

25,000  envelopes,  assorted   175  00 

500  legal  envelopes   12  00 

500  legal  envelopes   10  00 

120  rubber  erasers  ,   12  00 

150  bottles  mucilage   48  00 

50  boxes  paper  fasteners    40  00 

6  boxes — packing   6  00 

Express  charges,  etc.,  to  Jackson   29  30 


Total  $1,458  80 


On  motion  of  Mr.  Barry,  the  report  was  received,  and  the 
bill  allowed. 

Mr.  Newsom  was  permitted  to  make  an  explanation  in  refer- 
ence to  attacks  made  upon  him  by  certain  papers. 

The  special  order  of  the  day  coming  up,  on  motion  of  Mr. 
Gibbs,  the  rules,  as  amended,  were  severally  adopted,  as  fol- 
lows: 

No.  1  was  so  amended  as  to  read  as  follows : 

In  the  third  line,  after  the  word  "order,"  read,  "Call  upon 
Chaplain  to  open  the  Convention  with  prayer." 

Amend  No.  38  by  striking  out  all  after  the  word  "rule,"  to 
the  words,  "  shall  be  suspended,"  etc. 


43 


No.  42  was  amended  so  as  to  read  "  5  o'clock  on  the  same 
day  on  which  it  shall  have  been  read." 

Amend  No.  47  by  adding  the  words,  "  and  such  other  officers 
as  may  be  deemed  necessary;  the  same  to  be  appointed  by  the 
President  of  this  Convention.'1 

All  other  rules  were  adopted  as  reported  by  the  committee, 
and  printed. 

Mr.  Cunningham  gave  notice  that  he  would  move  to  amend 
rule  No.  10  on  to-morrow. 

The  hour  of  adjournment  having  arrived,  the  Convention 
adjourned  until  to-morrow  at  10  o'clock. 

T.  P.  Sears, 

Secretary. 


NINTH  DAY. 

Jackson,  Miss.,  Thursday,  January  16th,  1868. 

Convention  met  pursuant  to  adjournment. 

Roll  called.    Quorum  present. 

Prayer  by  the  Chaplain. 

Journal  of  yesterday  read  and  approved. 

Mr.  Railsback  offered  the  following : 

Whereas,  A  large  portion  of  the  planters  and  business  men 
of  the  State  of  Mississippi  are  grievously  oppressed  by  un- 
liquidated liabilities;  and 

Whereas,  The  liabilities  aforesaid  were  chiefly  incurred  prior 
to  the  late  rebellion,  and  at  a  time  when  the  people  were  sup- 
posed to  be  wealthy  and  the  country  in  a  prosperous  condition; 
and 

Whereas,  In  consequence  of  the  great  decline  in  the  price  of 
cotton,  the  chief  product,  real  estate  has  declined  in  value, 
business  has  been  prostrated,  thereb}T  augmenting  the  embar- 
rassments of  the  people,  and  rendering  them  wholly  unable  to 
extricate  themselves  from  their  burden  of  debt;  and 

Whereas,  If  the  liabilities  aforesaid  are  collected  by  legal 
proceedings,  the  property  of  the  indebted  will  be  sacrificed  at 
ruinous  prices,  their  obligations  remain  unsatisfied,  and  inevita- 
ble bankruptcy  must  follow;  and 

Whereas,  The  welfare  of  the  people  and  the  prosperity  of 
the  State  demands  the  immediate  consideration  of  these  ques- 
tions by  this  Convention;  therefore,  be  it 

Resolved,  That  the  Finance  Committee  be  instructed  to 
inquire  into  the  expediency  of  this  Convention  rendering 
prompt  relief  to  citizens  aforesaid,  and  draft  an  article  or  arti- 
cles, to  be  incorporated  in  the  Constitution  of  the  State  of 
Mississippi,  suspending  all  legal  proceedings  now  instituted  in 
any  of  the  courts  in  said  State,  and  staying  the  collection  of 


44 


all  debts,  whatsoever  kind  they  may  be,  that  were  incurred 
prior  to  the  date  of  the  adoption  of  the  Ordinance  of  Secession, 
by  Mississippi,  attempting  to  dissolve  her  relation  to  the  Fed- 
eral Government,  for  a  period  of  ninety-nine  years  from  and 
after  the  adoption,  by  the  people  of  said  State,  the  Constitution 
now  being  framed  by  this  Convention. 

Mr.  Alderson  moved  to  postpone  indefinitely; 

Which  was  lost. 

Mr.  Field  offered  the  following  amendment: 

To  insert  five  instead  of  ninety-nine  years,  and  that  the  Com- 
manding General  be  requested  to  suspend  the  collection  of  all 
debts  until  the  meeting  of  the  Legislature; 

Which  was  laid  on  the  table. 

Mr.  Castello  offered  the  following : 

Resolved,  That  Joseph  Lemly,  at  present  acting  as  Minute 
Clerk,  be  elected  viva  voce  Minute  Clerk  of  the  Convention,  as 
provided  in  Rule  47. 

Which  was  adopted. 

Mr.  Alcorn  offered  the  following : 

Whereas,  The  change  wrought  by  an  alteration  in  the  base 
of  popular  sovereignty,  by  the  accession  of  a  large  number  of 
citizens  too  poor  to  travel  without  much  loss  of  time  and 
money,  to  seats  of  county  justice,  remote  from  their  homes; 
therefore,  be  it 

Resolved,  That  a  committee  of  five  be  appointed  by  the 
President  of  this  Convention,  on  County  Boundaries,  with  a 
view  to  give  such  power  to  the  Legislature  as  the  present  and 
future  exigencies  cf  the  State  now  demands,  or  hereafter  may 
require. 

Which  was  adopted. 

Mr.  Castello  offered  the  following: 

Resolved,  That  this  Convention  may  resolve  itself  at  any 
time  into  a  Committee  of  the  Whole,  on  demand  of  any  one 
member,  seconded  by  a  majority  of  the  Convention,  and  when 
so  sitting,  the  President  shall  vacate  the  chair,  and  call  any 
member  to  preside  over  the  Convention. 

Which  was  lost. 

Mr.  McKee,  of  Warren,  offered  the  following: 

Resolved.,  That  the  following  section  shall  be  inserted  in  the 
Constitution  of  Mississippi: 

Section  — .  All  persons  shall  be  entitled  to  equal  civil  and 
political  rights  by  law,  and  no  property  qualification  for  eligi- 
bility to  office,  or  for  the  right  of  suffrage,  shall  ever  be- 
required  in  this  State. 

Mr.  Barry  moved  to  refer  the  above  to  committee  on  Bill  of 
Rights ; 

Which  was  adopted. 

Mr.  Mygatt,  of  Warren,  offered  the  following : 
Resolved,  That  a  special  committee  of  five  on  Franchise  be 
appointed  by  the  President,  to  report  on  call. 
Which  was  adopted. 

Mr.  Orr>  of  Harrisonr.offered  the  following ; 


4;. 


Whereas,  There  exists  in  the  minds  of  some  of  the  members 
of  this  Convention,  doubts  as  to  the  rights  of  this  Convention 
to  decide  upon  the  qualification  and  eligibility  of  its  own 
members,  they  deeming  the  orders  of  the  commanding  General 
of  the  Fourth  Military  District  conclusive  as  to  rights  of  the 
members  elect  to  seats  in  this  body;  therefore,  be  it 

Resolved,  That  a  special  committee  of  three  be  appointed 
by  the  President,  to  wait  up  Major  Geu.  Alvin  C.  Gillein,  com- 
manding Fourth  Military  District,  and  request  his  opinion, 
under  the  law  of  the  rights  of  this  Convention  on  this  and 
other  subjects  of  importance  and  interest  to  the  same. 

Mr.  Parsons,  of  Adams,  moved  to  lay  on  the  table; 

Which  was  adopted. 

Mr.  Field  offered  the  following : 

Whereas,  Experience  proves  that  moral  depravity  and  finan- 
cial embarrassment  are  the  general  results  of  the  credit  s}'stem, 
whereby  deceit,  violence,  and  corruption,  are  increased  much 
to  the  deterioration  of  society;  therefore,  be  it 

Resolved,  That  a  committee  of  five  be  appointed  by  the  chair 
to  examine  into  the  expediency  of  exempting  ten  thousand 
dollars  worth  of  property  from  execution,  the  valuation  to  be 
found  by  reference  to  Assessor's  books;  and  also  recommend 
the  passage  of  such  other  ordinances  as  in  its  opinion  may 
tend  to  discourage  the  credit  system. 

Mr.  Castello  moved  to  commit  to  Finance  Committee; 

Which  was  lost. 

Mr.  Alderson  moved  to  lay  resolution  and  motion  on  the 
table ; 

Which  was  adopted. 

Mr.  Orr.  of  Harrison,  offered  the  following: 

Resolved,  That  a  committee  of  Conference,  to  be  composed 
of  three  members,  be  appointed  by  the  Chair,  for  the  purpose 
of  conferring  with  the  Commanding  General  of  the  Fourth 
Military  District,  on  subjects  of  interest  and  importance  to  this 
Convention. 

Which  was  adopted. 

Mr.  Cunningham  offered  the  following : 

Resolved,  That  the  different  committees  on  the  various  de- 
partments of  the  Constitution,  be  instructed  by  this  Conven- 
tion, to  adopt  the  old  Constitution  of  the  State  of  Mississippi, 
so  far  as  suitable;  the  committees  making  such  omissions, 
additions,  and  changes,  as  the  new  order  of  things  may  re- 
quire. 

On  motion  of  Mr.  Orr,  of  Harrison,  the  resolution  was  laid 
on  the  table. 

Mr.  Clarke  offered  the  following : 

Resolved,  That  the  resolution  of  Mr.  McEee,  relative  to 
issuing  warrants  to  defray  the  expenses  of  the  Convention,  be 
taken  from  the  table  and  referred  to  the  committee  on  Finance. 

Which  was  adopted. 

Mr.  Castello  offered  the  following: 

Resolved,  That  the  Finance  Committee  be  instructed  to  frame 


46 


an  ordinance,  and  present  it  to  this  Convention,  levying  a  tax 
upon  the  property  of  this  State,  real  and  personal,  to  pay  the 
expenses  of  this  body. 
Which  was  adopted. 

Mr.  Clarke,  of  Yazoo,  offered  the  following : 
Resolved,  That  the  President  be  requested  to  appoint  a  Head- 
ing Clerk,  and  Assistant  Reporter,  for  this  Convention. 
Which  was  adopted. 

Mr.  Stringer  of  Warren,  offered  the  following: 

Resolved,  That  suffrage  shall  be  universal,  and  all  male  citi- 
zens, of  any  race  or  color,  without  regard  to  any  previous  con- 
dition, excepting  such  as  have  been  disfranchised  for  partici- 
pating in  the  late  rebellion  or  war  against  the  United  States 
Government,  or  for  felony  committed  against  the  laws  of  any 
State  of  the  United  States,  whereof  the  parties  have  been  con- 
victed in  any  court  having  jurisdiction  thereof,  who  have 
attained  the  age  of  twenty-one  years,  and  have  been  residents 
of  the  State  for  the  last  twelve  months,  and  of  the  county  six 
months  preceding  the  day  of  election,  and  are  citizens  of  the 
United  States,  shall  have  the  right  to  vote  at  all  elections  held 
in  this  State ;  and  the  Legislature  shall  provide  by  law  for  the 
faithful  execution  of  this  article. 

Referred  to  committee  on  Bill  of  Rights. 

The  President  announced  the  appointment  of  the  following 
committee  as  indicated  by  Mr.  Castello's  resolution,  to  inquire 
into  the  loyalty  of  the  members  of  this  Convention : 

Messrs.  Castello,  of  Adams,  Chappell,  of  Noxubee,  Barry,  of 
Holmes. 

The  President  also  announced  special  committee  on  papers 
referring  to  Mr.  Stricklin : 

Messrs.  Fawn,  of  Washington,  Holland,  of  Oktibbeha, 
Clarke,  of  Yazoo. 

Mr.  Gibbs  offered  the  following : 

Resolved,  That  one  hundred  and  fifty  copies  of  the  amended 
rules  be  printed  for  the  use  of  the  Convention; 
Which  was  adopted. 

Mr.  Parsons,  of  Adams,  offered  the  following: 
Resolved,  That  the  Postmaster  of  this  Convention  be  in- 
structed to  make  the  necessary  arrangements  with  the  Post- 
master of  this  city  for  the  forwarding  of  all  mailable  matter 
required  by  the  members  of  this  Convention. 
Which  was  adopted. 

Mr.  Gibbs,  of  Wilkinson,  offered  the  following: 
Resolved,  That  the  Finance  Committee  be  instructed  to 
report  an  ordinance  reducing  the  county  tax  in  the  several 
counties  for  the  year  1867. 

Referred  to  the  Finance  Committee. 
Mr.  Alcorn,  of  Yalobusha,  offered  the  following: 
Resolved,  That  an  ordinance  be  inserted  in  the  Constitution 
providing  that  any  inhabitant  of  this  State,  who  shall  hereafter 
be  engaged  in  a  duel,  either  as  principal  or  accessory,  shall 
forever  be  disqualified  as  an  elector,  and  from  holding  any 


47 


office  under  the  Constitution  and  laws  of  this  State,  and  any 
one  offending  against  the  said  ordinance  shall  be  subject  to  the 
pains  and  penalties  of  perjury. 

Referred  to  committee  on  General  Provisions. 

Mr.  Jacobs,  of  Adams,  offered  the  following: 

Resolved,  That  none  of  the  public  money  of  this  State  shall 
ever  be  used  in  supporting  any  sectional  school  whatever. 

Referred  to  the  Committee  on  Education. 

Mr.  Jacobs,  of  Adams,  offered  the  following: 

Resolved,  That  on  public  conveyances  in  this  State,  all  persons 
shall  have  the  same  rights,  without  regard  to  race  or  color. 

Referred  to  committee  on  Bill  of  Rights. 

Mr.  Peyton,  of  Hinds,  offered  the  following: 

Whereas.  The  freedmen  of  this  State  have  been  heavily 
taxed,  by  the  Legislature  of 'the  State  of  Mississippi,  and  repre- 
sentation has  been  denied  them  by  said  Legislature,  contrary 
to  the  spirit  of  republican  institutions,  those  institutions  for 
which  our  forefathers  fought,  and  which  it  is  our  duty  to 
sustain;  therefore,  be  it 

Resolved,  That  the  Commanding  General  of  this  Departmant 
be  requested  by  this  Convention  to  direct  Tax  Collectors  to 
suspend  the  collection  of  all  taxes  which  may  have  been 
assessed  against  such  freedmen  prior  to  the  first  day  of  Janu- 
ary. 1S6S. 

Mr.  Watson,  of  Marshall,  offered  the  following  amendment : 
Amend  by  inserting  after  the  word  ■•freedmen/'  "all  females 
and  minors." 

The  original  and  amendment  were  laid  on  the  table. 

Mr.  Gibbs.  of  Wilkinson,  offered  the  following: 

Resolved.  That  the  resolution  introduced  by  Mr.  Beam,  of 
Franklin,  to  inquire  into  the  disposition  of  the  taxes  collected 
in  the  State  of  Mississippi,  for  1866-67.  be  referred  to  the 
committee  on  Finance. 

Which  was  adopted. 

Mr.  Stringer,  of  Warren,  offered  the  following: 

Resolved,  That  the  Legislature  shall  provide  for  the  educa- 
tion of  all  the  children  in  this  State,  between  the  ages  of  six 
and  eighteen  years,  by  maintaining  a  system  of  free  public 
schools,  by  taxation,  or  otherwise,  and  that  said  children  be 
required  to  attend  such  schools. 

Referred  to  the  committee  on  Education. 

Mr.  Castello,  of  Adams,  offered  the  following  ordinance  on 
education : 

Section  1.  The  supervision  of  public  instruction,  shall  be 
vested  in  a  State  Superintendent,  and  such  other  officers  as  the 
Legislature  shall  direct. 

Sec  2.  The  supervision  of  public  instruction,  shall  lie 
vested  in  a  Board  of  Education,  whose  powers  and  duties  shall 
l>e  prescribed  by  law.  A  Superintendent  of  public  schools, 
who  shall  be  the  President  of  the  Board,  shall  be  elected  by 
the  qualified  voters  of  the  State.  He  shall  possess  the  qualifi- 
cations of  a  State  Senator,  and  hold  his  office  for  the  term  of 


48 


four  years.  He  shall  perform  such  duties,  and  receive  such 
compensation  as  may  be  prescribed  by  law.  The  Secretary  of 
State,  and  the  Attorney  General,  shall  be  ex  officio  members, 
and  with  the  Superintendent,  shall  compose  said  Board  of  Ed- 
ucation. 

Sec.  3.  There  is  hereby  created  and  established,  a  School 
Fund,  which  shall  consist  of  the  proceeds  of  all  lands  belong- 
ing to  this  State,  and  of  lands  now  or  hereafter  vested  in  this 
State  by  escheat  or  purchase,  or  forfeiture  for  taxes,  the  pro- 
ceeds of  all  lands  that  have  been  or  hereafter  may  be  granted 
by  the  United  States  to  this  State  for  educational  purposes, 
including  all  lands  granted  to  this  State  by  the  United  States, 
known  as  swamp  or  overflowed  lands;  and  the  clear  proceeds 
of  all  fines  collected  in  the  several  cities  and  counties  for  any 
breach  of  the  penal  laws,  and  the  clear  proceeds  of  all  fines 
collected  for  every  description  of  misdemeanor,  and 
all  moneys  received  by  each  county  for  estrays  for- 
feited by  the  owners  thereof,  and  all  moneys  received 
by  each  county  respectively  for  licenses  granted  for  the  sale  of 
intoxicating  liquors  or  keeping  of  dram  shops,  and  the  clear 
proceeds  of  all  property  that  may  hereafter  be  forfeited  to  the 
State  through  any  cause  whatever — the  interest  of  which, 
together  with  twenty-five  per  cent,  of  the  State  revenue  shall 
be  annually  set  apart  for  school  purposes,  and  such  other  rev- 
enues as  the  Legislature  may  deem  proper,  shall  be  set  apart 
and  become  a  perpetual  school  fund,  and  be  exclusively  applied 
to  the  following  objects,  to-'wit:  First,  To  the  support  and 
maintenance  of  common  schools  in  each  school  district,  and 
the  purchase  of  suitable  libraries  and  apparatus  therefor.  The 
residue  (if  any)  shall  be  applied  to  the  support  and  mainten- 
ance of  academies  and  normal  schools. 

Sec.  4.  The  Legislature  shall  provide  by  law  for  the  estab- 
lishment of  district  schools;  and  such  schools  shall  be  free 
and  without  charge  for  tuition  to  all  children  between  the  ages 
of  five  and  twenty  years.  In  case  the  public  moneys  shall  be 
insufficient  for  tuition  in  any  school  district,  the  balance  shall 
be  raised  by  tax  on  all  the  taxable  property  in  the  district. 

Sec.  5.  Provision  shall  be  made  by  law  for  the  distribution 
of  the  income  of  the  school  fund  among  the  several  cities  and 
school  districts  of  the  State,  for  the  support  of  common 
schools  therein,  in  some  just  proportion  to  the  number  of 
children  and  youth  resident  therein  between  the  ages  of  five 
and  twenty  years;  but  no  money  shall  be  paid  out  of  the 
school  fund  to  any  school  district,  either  in  city  or  township, 
unless  a  school  has  been  kept  at  least  three  months  within  the 
school  year  for  which  such  moneys  are  appropriated,  and  all 
such  moneys  (if  any)  shall  be  equally  divided  among  the 
school  districts  in  the  township  to  which  such  money  was 
originally  appropriated  according  to  the  number  of  children 
and  youths  in  each  district  between  the  ages  above  specified. 

Sec.  6.  The  Legislature  of  this  State  is  hereby  prohibited 
from  loaning  or  using  the  School  Fund  for  State  purposes, 


40 


but  shall  keep  it  inviolate  for  the  use  and  purpose  above  speci- 
fied; Provided,  They  may  pass  laws  to  loan  any  part  of  the 
School  Funds  to  individuals  upon  good  and  sufficient  real 
estate  security  where  the  amount  loaned  exceeds  one  hundred 
dollars,  and  personal  security  in  sums  less  than  one  hundred 
dollars,  with  interest  not  less  than  seven,  nor  to  exceed  ten 
per  cent,  per  annum,  pa}Table  annually. 

Mr.  Gibbs,  of  Wilkinson,  offered  the  following: 
Resolved,  That  the  Secretary  of  this  Convention  be  instructed 
to  return  the  communication  from  Head  Quarters,  Fourth  Mil- 
itary District,  in  reference  to  Mr.  Stricklin,  of  Tippah,  with 
the  endorsement:  "  That  as  the  charges  are  contained  in  an 
anonymous  letter,  they  cannot  be  entertained  by  this  Con- 
vention." 

Mr.  Clarke,  of  Yazoo,  moved  to  refer  to  special  committee 
on  the  subject; 

Which  was  adopted. 

Mr.  Compton,  of  Marshall,  offered  the  following : 

Resolved,  That  the  efheers  and  members  of  the  Mississippi 

Press  Convention,  now  in  session  in  this  city,  be  -invited  to 

seats  within  the  bar  of  this  Convention. 
Which  was  lost. 

Mr.  Fitzhugh,  of  Wilkinson,  offered  the  following: 
Resolved,  That  all  members  of  the  Press  Association,  not 
unfriendly  to  reconstruction,  be  respectfully  invited  to  seats 
within  the  bar  of  the  Convention. 
Which  was  laid  on  the  table. 
Mr.  Castello,  of  Adams,  offered  the  following: 
Resolved,  That  all  members  of  the  press  now  temporarilv 
sojourning  in  the  city,  be  invited  within  the  bar  of  the  Con- 
vention. 

Which  was  laid  on  the  table,  by  the  following  vote:  Yeas,  40; 
nays,  30. 

Mr.  McKee,  of  Warren,  offered  the  following: 

Resolved,  That  all  gentlemen  of  the  press  be  invited  to  seats 

in  this  Convention. 
Mr.  Barry,  of  Holmes,  offered  the  following: 
Resolved,  That  all  resolutions  and  amendments  made,  or 

hereafter  to  be  made,  having  reference  to  invitations  to  editors, 

be  laid  on  the  table. 
Which  was  adopted. 

Leave  of  absence  was  granted  to  the  following  named  gen- 
tlemen, for  the  period  opposite  their  names :  Mr.  Lack,  three 
days;  Mr.  McKnight,  three  da}Ts;  Mr.  Watson,  for  one  week; 
Mr.  Montgomery,  for  three  days;  and  Mr.  Collins,  for  ten 
days. 

Mr.  Parsons,  of  Adams,  Chairman  of  Finance  Committee, 
submitted  a  report. 

And  on  motion  of  Mr.  Orr,  it  was 

Resolved,  That  two  hundred  copies  be  printed  for  the  use 
of  the  Convention,  and  made  the  special  order  for  12  o'clock 
Monday. 
C— 4 


50 


Rule  thirty  was  so  amended,  as  to  read  after  the  word  pre- 
sented, "  and  proceed  to  call  the  counties  alphabetically." 

Mr  Barry,  of  Holmes,  moved  to  refer  the  printing  of  Rules 
to  the  committee  on  Printing; 

Which  was  carried. 

Mr.  Woodmansee,  of  Monroe,  offered  the  following : 
Resolved,  That  the  President  direct  the  Sergeant-at-Arms  to 
box  up  all  the  military  papers  now  in  the  committee  rooms  of 
this  building  belonging  to  the  late  so-called  Confederate  States, 
and  send  the  same  to  the  the  Secretary  of  War  of  the  United 
States. 

Which  was  laid  on  the  table. 

On  motion,  the  Convention  adjourned  until  to-morrow  morn- 
ing, at  10  o'clock. 

T.  P.  Sears, 
Secretary, 


TENTH  DAY. 

Jackson,  Miss.,  Friday,  January  17th,  1868, 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 
Roll  called.    Quorum  present. 
Journal  of  yesterday  was  read  and  approved. 
Mr.  Castello,  of  Adams,  introduced  an  ordinance  in  reference 
to  the  militia. 

Referred  to  the  committee  on  Militia. 

Mr.  Castello,  of  Adams,  introduced  an  ordinance  on  educa- 
tion; 

Which  was  read,  and  referred  to  committee  on  Education. 

Mr.  Parsons,  of  Adams,  offered  the  following : 

Resolved,  That  a  special  committee  of  five  be  appointed  by 
the  Chair  to  inquire  into  the  propriety  of  removing  the  Capitol 
of  the  State  to  some  more  loyal  and  convenient  place. 

Referred  to  committee  on  Legislative  Department. 

The  following  was  offered  by  Mr.  Weir,  of  Oktibbeha : 

Whereas,  The  State  House  is  in  a  dilapidated  condition, 
which  will  require  heavy  expenditure  for  repairs,  or  an  entire 
new  building;  and, 

Whereas,  It  is  well  known,  that  the  seat  of  government  is 
not  as  near  the  geographical  center  of  the  State  as  is  suitable, 
and  in  as  healthy  a  site  as  can  be  obtained,  and  that,  in  justice 
to  the  inhabitants  now,  and  for  all  time  to  come,  the  seat  of 
government  should  be  established  as  near  the  center  of  the 
State  as  a  healthy  location  can  be  obtained;  therefore,  be  it 

Resolved,  That  the  President  appoint  a  committee  of  three 
from  each  Congressional  District,  to  ascertain  as  near  as  pos- 


sible  where  it  should  be  permanently  located  as  the  seat  of  gov- 
ernment of  the  State  of  Mississippi,  and  report  to  this  Con- 
vention at  their  earliest  convenience,  by  ordinance  or  other- 
wise. 

Mr.  Cunningham,  of  Madison,  moved  to  lay  on  the  table; 
Which  was  lost. 

Mr.  Weir,  of  Oktibbeha,  moved  to  refer  to  committee  on  Ordi- 
nances and  Schedule; 
Which  was  lost. 

Mr.  Howe,  of  Panola,  moved  to  lay  on  the  table,  which  was 
carried,  by  the  following  vote:  Yeas,  46;  Nays,  8. 

Mr.  Holland,  of  Oktibbeha,  offered  the  following: 

Resolved,  That  the  President  of  this  Convention  appoint  a 
standing  committee  of  five  on  County  Boundaries. 

Which  was  adopted. 

Mr.  Stiles,  of  Claiborne,  offered  the  following; 

Be  it  ordained  by  the  people  of  the  State  of  Mississippi, 
in  Convention  assembled,  That  it  shall  not  be  lawful  hereafter, 
for  the  Legislature  of  the  State  of  Mississippi,  or  for  smy 
county,  town,  or  other  corporation  authorized  to  collect  taxes, 
to  lay  any  poll  tax  to  exceed  the  sum  of  one  dollar  per  capita,* 

Referred  to  committee  on  Ordinances  and  Schedule. 

Mr.  Newsom,  of  Claiborne,  offered  the  following: 

Beolved,  That  the  following  articles  be  inserted  in  the 
Constitution : 

1st.  Every  male  citizen  of  the  United  States  of  the  age  of 
twenty-one  years,  who  shall  have  been  a  resident  of  this  State 
one  year  and  four  months,  preceding  any  election  in  the  precinct 
or  ward  of  any  city,  where  he  may  reside,  shall  be  entitled  to 
vote  for  all  officers  that  now  are  or  hereafter  may  be  elected  by 
the  people ;  Provided,  however,  That  no  person  in  the  military, 
naval  or  marine  service  of  the  United  States,  shall  be  consid- 
ered a  resident  in  this  State  by  being  stationed  in  any  garrison 
barrack,  military,  or  naval  place,  or  stationed,  within  this  State, 
and  no  pauper,  idiot,  or  insane  person,  shall  exercise  the  privi- 
lege of  an  elector,  or  any  person  convicted  of  a  crime  which 
excludes  him  from  being  a  witness,  and  having  served  his  term 
of  sentence  in  the  State  prison,  shall  ever  enjoy  the  right  of 
an  elector  in  this  State. 

2d.  Every  person  shall  be  disqualified  from  holding  any 
office  of  trust  in  this  State,  who  has  been  convicted  of  having 
given  or  offered  a  bribe  to  procure  his  election  or  appointment. 

3d.  Laws  shall  be  made  to  exclude  from  office  and  from  the 
right  of  suffrage  those  who  shall  hereafter  be  convicted  of 
bribery,  threat,  perjury,  forgery,  or  other  high  crimes  or  mis- 
demeanors, or  for  discharging  employees  for  voting. 

4th.  The  privilege  of  free  suffrage  shall  be  supported  by 
laws  regulating  elections,  and  prohibiting  under  adequate  pen- 
alties, all  under  influence  thereon,  from  bribery,  threat,  tumult, 
or  other  improper  practice. 

Referred  to  committee  on  Legislative  Department. 

Mr.  Newsom,  of  Claiborne,  offered  the  following : 


Resolved,  That  this  article  be  inserted  in  the  Constitution : 

1st.  The  Legislature  shall  provide  by  law  for  the  repairing 
of  all  levees  on  the  Mississippi  river,  and  other  streams  naviga- 
ble for  steamboats,  on  the  margin  of  which  farming  lands  are 
damaged  by  overflows,  by  levying  a  tax  on  said  lands ;  also,  on 
the  real  estate  in  those  counties  that  have  large  bodies  of  lands 
damaged  by  inundations. 

2d.  The  levying  of  taxes  by  the  poll  is  grievous  and 
oppressive,  therefore  the  Legislature  shall  never  levy  a  poll  tax 
for  county  or  State  purposes. 

3d.  Laws  shall  be  passed  taxing,  by  uniform  rate,  all 
moneys,  credits,  investments  in  bonds,  stocks,  joint  stock  com- 
panies, or  otherwise;  also,  all  real  and  personal  property 
according  to  its  true  value  in  money;  but  burying  grounds, 
public  school-houses,  and  lands  used  exclusively  for  religious 
worship,  and  parsonages,  institutions  of  purely  public  charity, 
property  used  exclusively  for  any  public  purposes,  to  the  amount 
of  an  annual  income  not  exceeding  five  thorn  and  dollars,  and 
personal  property  to  an  amount  not  exceeding  in  value  two 
hundred  dollars,  shall  be  exempt  from  taxation. 

Mr.  Woodmansee,  of  Monroe,  moved  to  lay  on  the  table; 

Which  was  lost. 

Referred  to  committee  on  Legislative  Department. 
Mr.  Chapman,  of  Covington,  offered  the  following : 
Resolved,  That  the  President  be  requested  to  appoint  two 
clerks,  whose  duty  it  shall  be  to  wait  on  standing  committees. 
Which  was  laid  on  the  table. 

Mr.  Handy,  df  Copiah,  introduced  an  ordinance  in  reference 
to  suffrage; 

W  hich  was  read  and  referred  to  the  committee  on  Legislative 
Department. 

Mr.  Orr,  of  Harrison,  offered  the  following; 

Resolved,  That  the  committee  on  Printing  be,  and  is  hereby 
authorized  to  have  the  names  of  all  members  of  this  Conven- 
tion, and  the  number  of  the  seats  occupied  by  them,  printed  on 
slips  of  paper,  and  furnished  to  the  Sergeant-at-Arms,  with  the 
request  to  have  the  same  attached  to  the  desk  of  each  member 
in  order  to  plainly  designate  the  same. 

Referred  to  the  committee  on  Printing. 

Mr.  Orr,  of  Harrison,  offered  the  following: 

Resolved,  That  the  committee  on  Printing  be,  and  is  hereby 
authorized  and  empowered  to  have  inserted  in  the  rules  of  order 
of  this  Convention,  under  the  head  of  standing  committees, 
the  names  of  the  members  composing  such  committees. 

Referred  to  committee  on  Printing. 

Mr.  Elliott,  of  Itawamba,  offered  the  following : 

Whereas,  A  great  many  citizens  of  the  State  of  Mississippi 
have  been  and  still  stand  disfranchised,  so  that  they  cannot 
vote  or  hold  office,  while  the  rebels  and  secessionists  can  come 
up  and  vote  ;  therefore,  be  it 

Resolved,  That  the  President  of  this  Convention  shall  ap- 
point a  committee  of  five,  whose  duty  it  shall  be  to  receive  the 


53 


names  of  applicants  for  pardon,  and  to  inquire  into  and  report 

the  same,  to  this  Convention. 

Mr.  Woodmansee,  of  Monroe,  offered  the  following  : 
Resolved,  That  the  words  "nor  hold  office,"  be  stricken  out 

of  Mr.  Elliott's  resolution. 
"Which  was  lost. 

The  question  then  recurring  on  the  original  resolution,  it 
was  laid  on  the  table. 

Mr.  Hauser,  of  Kemper,  offered  the  following: 

Resolved,  That  no  person  shall  be  appointed  to  any  clerk- 
ship, or  assistant  clerkship,  either  by  the  President  of  this 
Convention,  or  by  any  committee,  who  did  not  vote  at  the  election 
for  delegates  to  this  Convention  ;  Pro  tided.  That  satisfactory 
reasons  may  be  given  for  not  having  voted. 

Mr.  Orr,  of  Harrison,  offered  the  following  amendment : 

Provided,  That  all  clerks  and  officers  of  this  Convention, 
hereafter  elected  or  appointed,  be  and  are  hereby  required  to 
take  and  subscribe  the  oath  of  office  provided  by  the  act  of 
Congress,  of  July  2,  1862,  for  officers  of  the  United  States. 

Original  and  amendment  laid  on  the  table. 

Mr.  Meriyman,  of  Lauderdale,  offered  the  following: 

Resolved,  That  all  male  citizens  of  Mississippi,  arriving  at 
the  age  of  twenty-one  .years,  after  the  first  day  of  January, 
1889,  who  cannot  read  the  Constitution  of  the  State,  and  that 
of  the  United  States,  and  write  their  names,  shall  not  be  eligi- 
ble to  vote  or  hold  office. 

Mr.  Mygatt  moved  to  lay  on  the  table  ; 

"Which  was  adopted. 

Mr.  Lawson  offered  a  resolution  relative  to  disturbing  reli- 
gous  worship,  and  imposing  fines  for  same ; 
Which  was  laid  on  the  table. 
Mr.  Warren  offered  the  following : 

Resolved,  That  a  special  committee  of  five,  one  from  each 
Congressional  District,  be  appointed,  whose  duty  it  shall  be  to 
prepare  a  list  of  names  of  persons  in  this  State,  who  desire 
their  political  disabilities  to  be  removed,  and  who  are  deserving 
of  the  same,  and  that  said  committee  report  to  this  Convention 
names  of  persons  in  whose  behalf  Congress  shall  be  petitioned. 

A  motion  to  lay  on  the  table  was  lost. 

Question  recurring  on  the  original  resolution,  it  was  adopted. 
Mr.  Field  introduced  an  ordinance  in  reference  to  amnesty, 
as  follows: 

Whereas,  A  great  diversity  of  opinion  has  existed  among 
all  classes  of  the  people,  ever  since  the  revolution  of  1776,  as 
to  the  relative  powers  of  the  State  and  National  Governments ; 
and 

Whereas,  Large  numbers  of  the  most  highly  endowed 
with  learning  and  talent  have  believed  and  taught  the  doctrine 
that  any  State,  hy  virtue  of  its  reserved  power  in  the  Consti- 
tution expressed,  has  a  right,  by  a  majority  of  its  voters,  to 
secede  from  the  others  whenever  it  feels  persuaded  that  its 
lasting  interests  demand  it :  and 


Whereas,  A  majority  of  the  people  of  the  Sjtate  of  Mis- 
sissippi did,  on  the  9th  day  of  January,  1861,  attempt  to  prac- 
tice upon  this  supposed  right,  by  passing  in  an  assembly  of 
its  citizens,  called  a  Convention,  an  ordinance  whereby  the 
Union  of  these  States  was  attempted  to  be  dissolved,  against 
the  expressed  will  of  the  people  of  the  United  States,  as  con- 
tained in  the  Articles  of  Confederation,  which  made  it  perpet- 
ual, and  of  the  Constitution  which  was  ordained  and  estab- 
lished to  make  it  more  perfect;  and 

Whereas,  An  overwhelming  majority  of  the  people  of 
the  United  States  have  ever  entertained  contrary  opinions,  and 
did,  by  force  of  arms,  resist  and  overcome  the  late  effort  to 
carry  into  effect  said  disunion  doctrines;  and 

Whereas,  Though  by  the  laws  of  war  and  nations,  the 
minority  have,  by  reason  of  their  rebellious  efforts  aforesaid, 
forfeited  all  civil  and  political  rights,  yet  the  present  majority 
of  recognized  citizens  in  the  State  of  Mississippi,  being  desir- 
ous of  restoring  them  to  all  their  lost  rights  and  immunities, 
that  of  suffrage  included,  so  soon  as  it  can  be  done  consistent 
with  the  future  peace  and  security  of  the  State,  and  the  rights, 
liberties,  and  franchises  which  have  accrued  to  the  colored 
race  within  its  limits,  by  virtue  ot  the  laws,  proclamations,  and 
other  acts  done  and  performed  by  the  people  of  the  State, 
through  their  representatives  in  Convention  or  State  Legisla- 
tures assembled,  whether  these  assemblages  be  in  strict  accord- 
ance with  regular  constitutional  action  or  not,  and  also  of  the 
authorities  of  the  United  States,  whether  performed  by  virtue 
of  constitutional  power  in  peace,  or  by  virtue  of  constitutional 
authority  in  war,  to  confer  or  forfeit  rights  of  citizenship  as 
the  interests  and  necessities  of  the  State  may  require;  and 

Whereas,  The  known  high  character  of  large  numbers  of 
such  as  have  forfeited  their  rights  as  aforesaid,  give  assurance 
tclat  they  were  actuated  by  what  they,  though  in  error,  thought 
was  devotion  to  the  Constitution  of  their  fathers,  and  the  fur- 
ther guarantee  that  whatever  obligations  they  may  incur  by 
promises  of  future  obedience  to  and  support  of  the  Constitu- 
tion as  understood  by  those  who,  by  a  majority  of  votes  and 
force  of  arms,  have  settled  and  determined  the  proper  and  final 
construction  to  be  put  upon  that  instrument,  so  far  as  the  above 
question  is  concerned,  unless  it  should  be  reversed  and  unset- 
tied  by  some  future  judicial  decision  of  the  Supreme  Court; 
therefore,  be  it 

Ordained,  That  every  male  citizen  of  the  State,  who  will 
file  with  the  Clerk  of  the  Circuit  Court  of  the  county  in  which 
he  may  be  at  the  time  he  takes  it,  the  following  oath  or  affirm- 
ation, to-wit: 

"  I,  ,  a  citizen  of  the  United  States,  and  of  the  State  of 

Mississippi,  prior  to  the    day  of  ,  1861,  do  solemnly 

swear,  that,  believing  it  to  be  settled  by  the  late  civil  war,  or 
rebellion,  that  the  Union  of  the  United  States  cannot  be  dis- 
solved but  by  successful  revolution  or  universal  consent,  I  will 
hereafter  neither  say  nor  do  anything  calculated  to  disturb  its 


unity,  and  will  discourage  all  others  from  doing  and  saying 
anything  likely  to  produce  it,  whenever  the  subject  is  ascer- 
tained. And  I  also  swear  that  I  will  sustain  and  uphold  the 
right  of  universal  suffrage  to  every  male  inhabitant  of  Mis- 
sissippi, not  criminal,  forever;  so  help  me  God." 

This  Ordinance  to  go  into  effect  one  year  after  members  are 
admitted  into  both  Houses  of  Congress.  Until  such  time,  none 
other  than  those  who  voted  for  or  against  members  to  this 
Convention  be  permitted  to  vote  in  this  State. 

Which,  on  motion,  was  referred  to  committee  on  Ordinances 
and  Schedule.  ■ 

Mr.  Gaither,  of  Lee,  offered  the  following: 

Resolved,  That  General  A.  C.  Gillem,  commanding  Fourth 
Military  District,  be  requested  to  furnish  this  Convention  with 
a  copy  of  the  registration  of  voters  in  this  State,  by  counties, 
if  not  in  his  opinion  incompatible  with  the  public  interest. 

Mr.  McKee  moved  to  lay  on  the  table ; 

"Which  was  adopted. 

Mr.  Cunningham  offered  the  following: 

Whereas,  There  are  many  schools  in  operation  in  this  State, 
which  are  doinar  much  towards  the  education  of  the  masses  of 
the  people;  and, 

Whereas,  The  said  schools  are,  in  many  instances,  losing 
their  influence  and  usefulness,  on  account  of  the  desolated  con- 
dition of  the  country,  and  other  causes;  therefore,  be  it 

Resolved,  That  all  schools  and  institutions  of  learning,  of 
whatever  kind,  now  in  operation  in  this  State,  be  encouraged 
and  assisted  by  appropriations,  or  otherwise,  and  that  this 
subject  be  especially  commended  to  the  consideration  of  the 
committee  on  Public  Education. 

Which  was  adopted. 

Mr.  Elliott,  of  Monroe,  g  tiered  the  following: 

Whereas,  A  large  per  centage  of  the  honest  citizens  of  the 
State  of  Mississippi,  are  in  such  embarrassed  circumstances 
by  the  contraction  of  debts  before  or  during  the  rebellion, 
with  an  honest  intention  to  pay,  but  all  their  adequate  effect? 
being  swept  off  by  the  war,  and  having  no  prospect  at  present, 
nor  hope  in  the  future,  to  liquidate  them;  therefore,  be  it 

Resolved,  That  this  Convention  pass  an  ordinance  abolish- 
ing all  debts,  contracts  and  judgments  that  may  have  been 
contracted  prior  to  the  28th  of  April,  1865, 

Mr.  Alderson  moved  to  lay  on  the  table ; 

Which  was  lost 

The  President  announcing  the  call  of  business  under  regu- 
lar order,  and  no  business  appearing, 

Mr.  Gibbs,  of  Wilkinson,  offered  the  following: 
Resolved,  That  the  committee  on  Ordinances  and  Schedule 
be  instructed  to  report  an  ordinance  providing  that  hereafter 
no  official  bond  shall  be  required  of  any  person  or  persons  who 
shall  hereafter  be  elected  or  appointed  to  any  office  in  the  State 
•of  Mississippi,  and  to  provide,  further,  that  all  such  officers 
who  shall  he  convicted  of  any  malfeasance  in  office,  shall  be 


56 


subject  to  fine  and  imprisonment,  and  be  forever  disqualified 
from  voting  or  holding  office  in  this  State. 

Referred  to  committee  on  Ordinances  and  Schedule. 

Mr.  Fitzhugh,  of  Wilkinson,  offered  the  following: 

Jtesolved,  That  the  committee  on  Ordinances  and  Schedule, 
be  instructed  to  take  into  consideration  the  propriety  of  intro- 
ducing an  ordinance  abolishing  the  county  courts  of  the  seve- 
ral counties  in  this  State,  and  of  increasing  the  powers  and 
jurisdiction  of  justices  of  the  peace. 

Referred  to  committee  on  Ordinances  and  Schedule. 

Mr.  Musgrove,  chairman  of  the  committee  on  Ordinances  and 
Schedule,  to  whom  was  referred  an  ordinance  in  reference  to 
the  publication  of  the  proceedings  of  this  Convention,  and  for 
supplying  the  members  with  certain  papers,  introduced  an  ordi- 
nance on  the  subject. 

Mr.  Cunningham  moved  that  it  be  read,  and  that  it  be  made 
the  special  order  for  Tuesday  next,  and  two  hundred  copies  be 
printed  for  the  use  of  the  Convention. 

Mr.  Orr  submitted  the  following  substitute  to  Mr.  Cunning- 
ham's motion:  That  it  be  received  and  lie  over  two  days,  as 
provided  under  the  rules,  and  one  hundred  copies  be  printed. 

Mr.  Townsend  offered  the  following  substitute  for  the  whole 
question : 

Hesolved,  That  the  report  of  the  committee  on  Ordinances 
and  Schedule  be  received,  and  one  hundred  copies  be  printed, 
under  the  rules. 

Which  was  adopted. 

The  Postmaster  of  the  Convention  submitted  the  following 
report : 

Mr.  President:  Under  the  resolution  this  day  adopted,  in- 
structing me  to  make  arrangements  with  the  Postmaster  of  this 
city  for  the  prepayment  of  mailable  matter  to  be  sent  by  mem- 
bers of  the  Convention,  I  have  the  honor  to  report  that  I  had 
an  interview  with  the  Postmaster  of  this  city  on  the  subject, 
and  he  informs  me  that  he  cannot  make  any  arrangements  for 
the  prepayment  of  postage. 

W.  Brown, 
Postmaster  Constitutional  Convention. 
The  report  of  the  Postmaster  was  received,  and  he  relieved 
from  any  further  action  in  relation  to  the  matter. 

The  President  announced  the  appointment  of  Mr.  H.  C. 
Powers  as  Reading  Clerk  of  the  Convention,  under  the  rules. 

The  President  announced  the  following  Special  Committee 
on  Franchise: 

Mr.  Mygatt,  of  Warren;  Mr.  Castello,  of  Adams;  Mr.  Mor- 
gan, of  Yazoo;  Mr.  Hauser,  of  Kemper;  and  Mr.  Stringer,  of 
Warren. 

REPORT  OP  SPECIAL  COMMITTEE. 

Mr.  President:  Your  committee,  appointed  to  investigate 
the  validity  of  the  charter  of  the  Jackson  Gas  Light  Com- 


57 


pany,  have  the  honor,  most  respectfully,  to  report  that  they 
have  made  a  partial  investigation  of  the  subject,  but  having 
received  a  communication  from  the  President  of  said  Company, 
stating  that  the  meters  were  removed  and  the  gas  cut  off  from 
the  Capitol  during  his  absence,  and  without  his  knowledge  or 
consent,  and  that  had  he  been  at  home  such  action  would  not 
have  been  taken;  that  he  regrets  that  the  Superintendent  of 
the  Company  thought  it  necessary  for  the  best  interest  of  the 
Company  to  take  such  action,  and  that  he  did  so  from  the  fact 
of  his  having  been  wrongly  advised.  And  the  meters  having 
been  replaced,  and  satisfactory  arrangements  made  for  the 
future  lighting  of  the  Capitol  during  the  sessions  of  this  Con- 
vention with  gas,  your  committee  are  of  the  opinion  that  any 
further  investigation  on  the  subject  by  them  is  unnecessary. 

Very  respectfullv, 

W.H.  Gibbs, 

Chairman. 

Mr.  Orr,  of  Harrison,  moved  to  have  the  letter  of  the  Presi- 
dent of  the  Gas  Company  spread  upon  the  Journal. 

Mr.  McKee  moved  to  strike  out  all  relating  to  spreading 
upon  the  Journal  the  letter  of  the  President  of  the  Gas 
Company; 

Which  was  lost. 

Motion  to  adjourn  lost. 

Leave  of  absence  was  granted  Messrs.  Hemrningway  and 
Compton  for  three  days. 

Convention  adjourned  until  to-morrow  morning  at  10  o'clock. 

T.  P.  Sears, 
Secretary. 


ELEVENTH  DAY. 

Jackson,  Miss.,  Saturday,  January  18th,  1868. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  the  Chaplain. 

Roll  called.    Quorum  present. 

Mr.  Woodmansee  offered  the  following:: 

W  hereas,  The  President  of  the  United  States  suspended 
Hon.  E.  M.  Stanton  from  the  office  of  Secretary  of  War 
without  any  cause  or  provocation  other  than  being  in  favor  of 
carrying  out  the  laws  of  Congress;  therefore,  be  it 

Resolved,  That  this  Convention  return  a  vote  of  thanks  to 
the  Senate  of  the  United  States  for  their  righteous  act  in 
replacing  him  in  his  proper  position  as  Secretary  of  War. 

Which  was  adopted. 

Mr.  Woodmansee  offered  an  ordinance  declaring  all  debts 
contracted  prior  to,  and  during  the  rebellion,  for  slaves,  null  and 


58 


void,  except  in  cases  where  the  unliquidated  obligation  was 
executed  for  the  purchase  of  slaves  and  any  of  said  slaves  died 
anterior  to  the  issuing  by  the  President  of  the  United  States  of 
his  Emancipation  Proclamation,  then,  in  that  event,  this  ordi- 
nance is  not  to  be  construed  as  to  invalidate  an  amount  equiv- 
alent to  the  appraised  value  of  the  deceased  slave  or  slaves. 

Referred  to  the  committee  on  Legislative  Departmant. 

Mr.  Woodmansee  offered  an  ordinance  in  reference  to  sales 
and  investments  by  guardians,  executors,  etc. 

Referred  to  committee  on  Legislative  Department. 

Mr.  Longmire,  of  Newton,  offered  the  following : 

Whereas,  a  large  number  of  persons  are  now  occupying 
public  lands  in  this  State,  and  have  occupied  the  lands  for 
many  years,  rearing  large  families  thereon,  without  paying 
taxes  upon  the  land  they  occupied;  therefore,  be  it 

Resolved,  That  the  said  occupants  be  required  to  pay  for 
school  purposes  the  same  tax  as  lawful  owners. 

Referred  to  Special  Committee  on  Lands. 

Mr.  Chappell  offered  the  following : 

Resolved,  That  one  hundred  and  fifty  copies  of  the  Journal 
of  each  day  be  printed  in  book  form,  for  the  use  of  the  mem- 
bers of  this  Convention. 

Referred  to  committee  on  Printing. 

Mr.  Stricklin  offered  an  ordinance  in  reference  to  the  estab- 
lishment of  Courts  of  Chancery  and  Equity,  and  districting 
the  State  for  same. 

Referred  to  committee  on  the  Judiciary. 

Mr.  Leas,  of  Warren,  offered  the  following: 

Whereas,  Many  complaints  have  been  made,  and  much  op- 
position manifested,  to  the  collection  of  the  Cotton  Tax, 
amounting  to  ten  dollars  per  bale  (fully  one-fourth  of  the 
entire  crop  of  1867);  and 

Whereas,  Great  efforts  have  been  made,  both  in  and  out  of 
Congress,  to  repeal  said  tax,  and  make  it  apply  to  said  crop ; 
and 

Whereas,  there  is  great  destitution  in  many  portions  of  our 
State,  both  among  the  whites  and  blacks;  therefore,  be  it 

Resolved,  That  a  special  committee  of  three  be  appointed  by 
the  Chair  to  memorialize  Congress,  that  at  least  one-half  of 
said  tax  collected,  and  being  collected,  in  this  State,  on  cotton 
produced  in  said  year  of  1867,  be  expended  through  the  Freed  - 
men's  Bureau,  to  "  feed  the  hungry  and  clothe  the  naked," 
without  regard  to  color. 

Which  was  adopted. 
By  Mr.  McKee: 

Resolved,  That  Rule  52  be  so  amended,  as  to  read  as  follows: 
The  Convention  shall  meet  every  day,  at  10  o'clock  (Sundays 
excepted),  unless  otherwise  ordered. 

Which  was  lost. 

Mr.  Stringer,  of  Warren,  offered  a  resolution,  instructing  the 
Legislature  to  pass  laws  requiring  planters  to  take  out  license 
who  may  sell  to  employees,  and  others ; 


59 


Which  was  referred  to  the  committee  on  Legislative  Depart- 
ment. 

Mr.  Stringer,  of  Warren,  offered  an  ordinance  expressing  the 
sense  of  the  people  in  reference  to  payment  of  obligations  in- 
curred in  aid  of  the  rebellion,  and  payment  for  slaves; 

Which  was  referred  to  the  committee  on  General  Provisions. 

Mr.  Gibbs.  of  Wilkinson,  offered  the  following: 

Resolved.  That  an  ordinance  be  reported  from  the  proper 
committee,  requiring  the  Sheriffs  of  the  several  counties  in 
this  State  to  pay  over  at  once  to  the  State  Treasurer  all  moneys 
now  in  their  possession  belonging  to  the  State. 

Which  was  referred  to  the  Finance  Committee. 

Mr.  Richardson  offered  an  ordinance  in  reference  to  the  reg- 
istered voters,  and  allowing  same  to  vote,  wherever  they  may 
be.  upon  presentation  of  certificate  of  registration; 

Which  was  referred  to  the  committee  on  Legislative  Depart- 
ment. 

Mr.  Richardson  offered  a  resolution  in.  reference  to  old  liabil- 
ities and  contracts,  and  stavina'  collection  of  same  to  the  year 
1900; 

Which  was  referred  to  the  committee  on  Legislative  Depart- 
ment. 

Mr.  Alcorn  offered  a  resolution  in- reference  to  the  filling  of 
our  pulpits,  professorships  in  colleges,  seminaries,  and  all  other 
educational  institutions  or  disseminators  of  instruction,  and 
recommending  that  they  be  filled  with  good  and  true  men,  loyal 
to  the  government,  and  lovers  of  the  same; 

"Which  was  referred  to  the  Committee  on  Education. 

Mr.  Clark  offered  a  resolution  in  reference  to  the  School 
Fund  of  Mississippi,  that  it  shall  never  be  vested  in  any  stock 
of  county,  town.  city,  or  railroad  companies,  and  directing  the 
Legislature  to  so  legislate  as  to  authorize  the  sale  of  such 
stocks,  bonds  or  lands,  and  investing  the  proceeds  of  the  same 
in  bonds  of  the  United  States: 

"Which  was  referred  to  the  committee  on  Education. 

Mr.  Clarke,  of  Yazoo,  offered  the  following: 

Whereas.  General  Orders  Head  Quarters  Bureau  Eefugees, 
Freedmen,  and  Abandoned  Lands,  say  that  all  freedmen  who 
can.  but  will  not  earn  a  livelihood,  when  employment  can  be 
procured,  will  lay  themselves  liable  to  arrest  and  punishment 
as  vagrants,  thereby  making  a  discrimination  against  a  certain 
portion  of  the  citizens  of  Mississippi ;  therefore,  be  it 

Besolvecl,  That  in  the  opinion  of  the  Convention,  the 
said  order  is  in  violation  of  the  civil  rights  bill  and  of  the 
reconstruction  acts  of  Congress,  and  that  the  Commanding 
General  be  requested  to  modify  his  order  that  it  may  apply 
equally  to  all  citizens. 

Which  was  adopted. 

Mr.  Castello.  of  Adams,  chairman  of  the  Special  Committee 
to  whom  was  referred  a  resolution  that  an  ordinance  be  inserted 
in  the  Constitution  of  the  State  of  Mississippi  prohibiting 
duelling,  submitted  a  report,  which  was  received  and  made  the 


GO 


special  order  of  the  day  for  Wednesday,  and  one  hundred  copies 
ordered  to  be  printed. 

Unfinished  business  being  called,  the  resolution  of  Mr. 
Elliott,  of  Monroe,  introduced  yesterday,  in  regard  to  abolish- 
ing all  debts,  contracts,  judgments,  etc.,  contracted  prior  to  the 
28th  day  of  April,  1865,  came  up,  and  was  referred  to  com- 
mittee on  Legislative  Department. 

Mr.  Orr's  resolution  to  spread  the  letter  of  the  President  of 
the  Gas  Company,  on  the  Journal,  introduced  by  him  yesterday, 
came  up  and  was  adopted. 

The  letter  is  as  follows : 

Jackson,  Miss.,  January  16,  1868. 

Mr.  W.  H.  Gibbs,  Chairman  of  Committee: 

Dear  Sir — In  reply  to  yours,  just  received,  I  will  say, 
that  on  my  being  assured  by  yourself  and  Gen.  Alderson,  that 
the  Convention  would  make  appropriation  for  the  Gas  Light 
Company,  that  our  Company  would  supply  them.  I  remarked, 
that  I  regretted  that  our  Superintendent  had  thought  it  best 
for  our  interest  to  cut  off  the  gas.  I  thought  he  had  been 
wrongly  advised,  and  had  I  been  at  home,  it  would  not  have 
been  done;  that  I  should  have  had  the  meter  and  the  connec- 
tions put  in  use  forthwith,  and  they  would  have  had  no  further 
trouble  in  having  sufficient  light  for  the  future. 

Very  respectfully, 

Thos.  E.  Helm, 

President. 

Mr.  Eailsback,  of  Bolhar,  offered  the  following: 
Resolved,  That  from  and  after  this  date,  all  resolutions  shall 
fee  sent  to  the  Secretary's  desk  and  read  by  him  or  his  assist- 
ants. 

Which  was  adopted. 

The  President  announced  the  following  committees : 

TO   PREPARE    A    LIST  OP    NAMES  OP  PERSONS  IN    THIS  STATE  WHO 
DESIRE   THEIR  POLITICAL   DISABILITIES    REMOVED    AND  WHO 
ARE  DESERVING  OF  THE  SAME. 

Messrs.  Warren,  of  the  3rd  district;  Ozanne,  of  the  1st  dis- 
trict; Elliott  John,  of  the  2d  district;  Barry,  of  the  4th;  Yeo= 
man,  of  the  5th  district. 

COMMITTEE  ON  COUNTY  BOUNDARIES. 

Messrs.  Alcorn,  Rainey,  Holland,  Lawson,  Jones. 

CONFERENCE   COMMITTEE  TO    CONFER  WITH    GEN.  ALVIN  C.  GILLEM, 
COMMANDING  4TH  MILITARY  DISTRICT. 

Messrs.  Orr,  Williams,  McKee. 

Mr.  Clarke,  of  Yazoo,  offered  the  following : 


(il 


Resolved,  That  the  Convention  proceed  to  the  election  of  a 
Chaplain,  viva  voce. 
Which  was  adopted. 

Mr.  Orr  nominated  Rev.  Lester  Williams,  jr.,  asChaplain. 

And  by  a  resolution  of  the  Convention,  the  Rev.  Lester  Wil- 
liams jr.,  was  declared  to  be  the  Chaplain. 

Mr.  Alderson,  of  Jefferson,  introduced  the  following  pre- 
amble and  resolution : 

Whereas,  This  Convention  has  been  assembled  under  the 
reconstruction  Acts  of  Congress,  for  the  purpose  of  framing  a 
Constitution  and  civil  government  according  to  the  provisions 
of  said  Acts,  and  suited  to  the  condition  of  the  country;  and 

Whereas,  It  is  our  sworn  duty  fully  to  obey  the  laws  under 
which  we  act,  and  faithfully  to  clischaige  the  obligations  rest- 
ing upon  us;  therefore,  be  it 

Resolved,  That  the  President  of  this  Convention  entertain 
no  motion  for  a  final  adjournment,  until  the  purposes  for  which 
we  were  assembled,  have  been  fully  executed  in  accordance 
with  said  reconstruction  Acts  of  Congress. 

Which  was  adopted. 

Mr.  Ozanne,  of  Panola,  introduced  a  resolution  in  reference 
to  the  rights  of  citizens,  to  free  exercise  of  religious  opinions, 
and  that  no  religious  test  shall  be  a  qualification  for  office; 

Referred  to  the  committee  on  Bill  of  Rights. 

Mr.  Stovall  introduced  a  preamble  and  resolution  in  refer- 
ence to  raising  a  fund  sufficient  to  defray  the  expenses  of  this 
Convention,  and  classifying  the  business  or  occupation,  the 
kinds  of  property,  real,  and  personal,  etc.,  that  shall  be  so  sub- 
ject to  taxation; 

Which  was  referred  to  the  committee  on  Finance. 

Mr.  Orr,  of  Harrison,  introduced  an  ordinance  providing  for 
the  levy  of  a  tax  on  certain  property  within  the  State  of  Mis- 
sissippi, and  the  proper  collection  of  the  same,  etc. 

Mr.  Castello,  of  Adams,  moved  to  refer  the  ordinance  to  the 
Finance  Committee. 

Mr.  Gibbs  moved  to  amend  by  substituting  the  words  to  the 
committee  on  General  Provisions,  in  place  of  the  Finance 
Committee; 

Which  was  laid  on  the  table. 

Mr.  Morgan  moved  that  the  whole  subject  be  laid  on  the 
table. 

The  yeas  and  nays  being  called  for,  it  was  lost,  by  the  follow- 
ing vote : 

Yeas — Messrs.  Fitzhugh,  Gaither,  Gibbs,  Merryman,  Mor- 
gan, Nelms,  Phillips,  Town  send,  Walker — 9. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Bonney, 
Bridges,  Brinson,  Caldwell,  Chappell,  Castello,  Clarke,  Corn- 
bash,  Cunningham,  Dalton,  Dowd,  Elliot  John,  Fawn,  Field, 
Goss,  Gray,  Handy,  Flauser,  Holland,  Howe,  Hutto,  Jacobs, 
Johnson  $.,  Johnson  A.,  Leas,  Longmire,  Mayson,  Mask,  Mus- 
grove,  Miles,  Moore,  Myers,  Mygatt,  McKee,  Newsom,  Orr, 
Ozanne,  Parsons  F,,  Parsons  J.  R.,  Peyton  E.  A.,  Powell,  Quinn,, 


62 


Railsback,  Rainey,  Richardson,  Smith,  Stewart,  Stites,  Stovall, 
Stringer,  Stiles,  Toy,  Vaughan,  Warren,  Weir,  Williams,  Wood- 
mansee,  Yeoman — 62. 
By  Mr.  Fitzhugh: 

Besolved,  That  the  original  motion  and  amendment  be  post- 
poned till  Tuesday  next,  at  12  o'clock  m. 

Which  was  laid  on  the  table. 

Question  recurring  on  Mr.  Castello's  motion,  it  was  referred 
to  the  Finance  committee. 

Convention  adjourned  till  Monday  morning,  at  10  o'clock. 

T.  P.  Sears, 

Secretary. 


TWELFTH  DAY. 

Jackson,  Miss.,  Monday,  January  20th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  members  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Beam,  Bonney, 
Bridges,  Brinson,  Castello,  Chapman,  Chappell,  Clarke,  Com- 
bash,  Cunningham,  Dalton,  Dowd,  Elliott  James,  Fawn,  Fitz- 
hugh, Gibbs,  Goss,  Hauser,  Herbert,  Howe,  Hutto,  Jacobs, 
Jones,  Kerr,  Lawson,  Mayson,  Mask,  Musgrove,  Miles,  Merry- 
man,  Moore,  Morgan,  Mygatt,  McCutchen,  McKnight,  Neilson, 
Nelms,  Nesbitt,  Newsom,  Orr,  Ozanne,  Parson  of  Adams,  Par- 
sons of  Hinds,  Phillips,  Powell,  Railsback,  Rainey,  Richardson, 
Stewart,  Stiles,  Stovall,  Stringer,  Stites,  Toy,  Vaughan,  War- 
ren, Woodmansee,  and  Yeoman — 60. 

Quorum  present. 

Journal  of  Saturday  read  and  approved. 

Mr.  Orr,  of  Harrison,  moved  that  the  Journal  be  amended  so 
that  the  ordinance  introduced  by  him  on  Saturda}^,  be  spread 
upon  it; 

Which  was  lost. 

And  the  Journal  was  approved  as  written. 

Mr.  Orr,  of  Harrison,  asked  permission  to  withdraw  an  ordi- 
nance presented  by  him  on  Saturday,  providing  for  the  levy  of 
tax  on  certain  property  within  the  State  of  Mississippi,  and  the 
proper  collection  of  the  same,  etc.; 

Which  was  granted. 

Mr.  Castello,  of  Adams,  moved  that  one  hundred  and  fifty 
copies  of  the  Journal  of  each  days'  proceedings  be  printed  in 
book  form  for  the  use  of  the  members  of  this  Convention ; 

Which  was  lost. 

Mr.  Castello  moved  to  suspend  Rule  No.  48; 
Which  was  lost. 


Mr.  Castello,  of  Adams,  offered  the  following  in  regard  to 
elections  and  qualifications  of  voters,  officers  and  others: 

Section  1.  All  elections  by  the  people  shall  be  by  ballot. 
No  election  shall  continue  longer  than  day. 

Sec  2.  General  elections  shall  be  held  biennially,  on  the 
Tuesday  next  after  the  first  Monday  in  November.    The  first 

election  under  this  Constitution  shall  be  held  on  the  day 

of   ,  in  the  year  one  thousand  eight  hundred  and  sixty- 

 .    And  the  officers  elected  at  that  election  shall  hold  their 

respective  offices  until  the  first  Tuesday  of  November,  A.  D. 

eighteen  hundred  and  ,  and  until  their  successors  be 

duly  elected  and  qualified.  Should  Congress  direct  the  appoint- 
ment of  Electors  of  President  and  Vice-President  of  the  Uni- 
ted States  on  any  other  day  than  that  now  established,  the 
General  Assembly  may  change  the  time  of  holding  general 
elections  so  as  to  provide  for  holding  them  on  the  day  which 
may  be  designated  by  Congress  for  the  purpose,  and  on  the 
corresponding  day,  years  thereafter.  Xo  special  elec- 
tion— State,  county  or  municipal — shall  be  appointed  to  be 
held  on  a  Monday. 

Sec.  3.  At  any  election  held  by  the  people  under  this  Con- 
stitution, or  in  pursuance  of  any  law  of  this  State,  or  under 
any  ordinance,  or  by  law  of  any  municipal  corporation,  no 
person  shall  be  deemed  a  qualified  voter  who  has  ever  been  in 
armed  hostility  to  the  United  States,  or  to  the  authorities  thereof: 
or  has  ever  given  aid  or  comfort,  countenance  or  support,  to 
persons  engaged  in  any  such  hostility,  or  has  ever,  in  any 
manner,  adhered  to  the  enemies  thereof,  foreign  or  domestic, 
of  the  United  States,  either  by  contributing  to  them,  or  by 
unlawfully  sending  within  their  lines,  money,  goods,  letters  or 
information,  or  has  ever  disloyally  held  communication  with 
such  enemies,  or  has  ever  advised  or  aided  any  person  to  enter 
the  service  of  such  enemies,  or  has  ever,  by  open  act  or  word, 
declared  his  adherance  to  the  cause  of  such  enemies,  or  his 
desire  for  their  triumph  over  the  arms  of  the  United  States;  or 
has  ever,  except  under  overpowering  compulsion,  submitted  to 
the  authority  or  been  in  the  service  of  the  so-called  Confede- 
rate States  of  America;  or  has  ever  left  this  State  and  gone 
within  the  lines  of  the  armies  of  the  so-called  Confederate 
States  of  America,  with  the  purpose  of  adhering  to  said  States, 
or  the  armies  thereof :  or  has  ever  been  a  member  of.  or  con- 
nected with  any  order,  society  or  organization  having  for  its 
object  to  aid  or  encourage  rebellion  against  the  United  States, 
or  to  promote  the  dissolution  of  the  Union  thereof,  or  to  op- 
pose by  any  unlawful  means  the  laws  or  authority  thereof,  or 
the  laws,  ordinances  or  authority  of  this  State;  or  has  ever 
been  engaged  in  guerilla  warfare  against  the  loyal  inhabitants 
of  the  United  States,  or  in  that  description  of  marauding  com- 
monly known  as  bushwhacking,  or  has  ever  been  engaged  in 
persecuting,  maiming  or  killing  ioyal  men,  or  has  ever  har- 
bored, aided  or  countenanced  any  person  so  engaged;  or  has 
ever  left  this  State  for  the  purpose  of  avoiding  enrollment  or 


64 


draft  into  the  military  service  of  the  United  States;  or  has  ever, 
in  order  to  escape  the  performance  of  duty  in  the  militia 
this  State,  enrolled  himself,  or  caused  himself  to  be  enrolled, 
as  a  disloyal  Southern  sympathizer;  or  having  ever  voted  at 
any  election  held  by  the  people  of  this  State  or  in  any  other 
of  the  United  States,  or  held  office  in  this  State  or  any  other 
of  the  United  States,  shall  thereafter  have  sought  or  received, 
under  claim  of  allegiance,  the  protection  of  any  foreign  gov- 
ernment through  any  consul  or  other  officer  thereof,  in  order  to 
secure  exemption  from  military  duty  in  the  army  of  the  United 
States;  nor  shall  any  such  person  be  capable  of  holding  in 
this  State  any  office  of  honor,  trust  or  profit,  under  its  author- 
ity, or  of  being  an  officer,  councilman  or  other  manager  of  any 
public  corporation  now  existing,  or  hereafter  established  by  its 
authority;  or  of  acting  as  a  professor  or  teacher  in  any  educa- 
tional institution  or  common  school,  or  any  other  school  which 
is  sustained,  in  whole  or  in  part,  by  funds  provided  hy  law. 

Sec.  4.  The  General  Assembly  shall  immediately  provide  by 
law  for  a  complete  and  uniform  registration,  by  election  dis- 
tricts, of  the  names  of  qualified  voters  in  this  State,  which 
registration  shall  be  evidence  of  the  qualification  of  all  regis- 
tered voters  to  vote  at  any  election  thereafter  held ;  but  no 
person  shall  be  excluded  from  voting  at  any  election  on  account 
of  not  being  registered  until  the  General  Assembly  shall  have 
passed  an  act  of  registration,  and  the  same  shall  be  carried  into 
effect ;  after  which,  no  person  shall  vote  unless  his  name  shall 
have  been  registered  at  least  ten  days  before  the  day  of  the 
election,  and  the  fact  of  such  registration  shall  be  not  other- 
wise shown  than  by  the  register,  or  an  authentic  copy  thereof 
certified  to  the  judges  of  election  by  the  registering  officer 
or  officers,  or  either,  or  other  constituted  authority ;  a  new 
registration  shall  be  made  within  sixty  days  next  preceding  the 
tenth  day  prior  to  every  general  election  ;  and  after  it  shall 
have  been  made,  no  person  shall  establish  his  right  to  vote  by 
the  fact  of  his  name  appearing  on  any  previous  register. 

Sec.  5.  Until  such  a  system  of  registration  shall  have  been 
ertablished,  every  person  shall,  at  the  time  of  offering  to  vote, 
and  before  his  vote  shall  be  received,  take  an  oath  in  the  terms 
presscribed  in  the  next  succeeding  section.  After  such  a' sys- 
tem shall  have  been  established,  the  said  oath  shall  be  taken  and 
subscribed  by  the  voter  at  each  time  of  his  registration.  Any 
person  declining  to  take  said  oath,  shall  not  be  allowed  to  vote 
or  to  be  registered  as  a  qualified  voter.  The  taking  of  this 
oath  shall  not  be  deemed  conclusive  evidence  of  the.  right  of 
the  person  to  vote  or  to  be  registered  as  a  voter ;  but  such  right 
may,  notwithstanding,  be  disproved;  and  after  a  sj-stem  of 
registration  shall  have  been  established,  all  evidence  for  and 
against  the  right  of  any  person  as  a  qualified  voter  shall  be 
heard  and  passed  upon  by  the  registering  officer  or  officers,  and 
not  by  the  judges  of  election. 

Sec.  6.  The  oath  to  be  taken,  as  aforesaid,  shall  be  known  as 
the  Oath  of  Loyalty,  and  shall  be  in  the  following  terms ; 


65 


li  I,  A  B,  do  solemnly  swear,  that  I  am  well  acquainted  with, 
the  terms  of  the  3d  section  of  the  article  of  the  Con- 
stitution of  the  State  of  Mississippi,  adopted  in  the  year 
eighteen  hundred  and  sixty,  and  have  carefully  considered  the 
same ;  that  I  have  never  directly  or  indirectly  done  any  of  the 
acts  in  said  section  specified;  that  I  have  alwaj^s  been  truly 
and  loyally  on  the  side  of  the  United  States,  against  all  ene- 
mies thereof,  foreign  and  domestic  ;  that  I  will  always  bear 
true  faith  and  unqualified  allegiance  to  the  United  States,  and 
will  support  the  Constitution  and  laws  thereof  as  the  supreme 
law  of  the  land,  any  law  or  ordinance  of  an}*  State  to  the  con- 
trary notwithstanding  ;  that  I  will  always,  to  the  best  of  my 
ability,  protect  and  defend  the  Union  of  the  United  States,  and. 
not  allow  the  same  to  be  broken  up  and  dissolved,  or  the  Gov- 
ernment thereof  to  be  destroyed  or  overthrown  under  any  cir- 
cumstances, if  in  my  power  to  prevent  it ;  that  I  will  always 
discountenance  and  oppose  all  combinations,  plans  and  etTorts 
having  for  their  objects  the  dissolution  of  said  Union,  or  the 
overthrow  of  said  Government  ;  that  I  will  always,  in  word  and 
deed,  demean  myself  as  a  loyal  and  faithful  citizen  of  the 
United  States  ;  that  I  will  support  the  said  Constitution  of  the 
State  of  Mississippi;  that  I  accept  the  civil  and  political 
equality  of  all  men,  and  agree  not  to  attempt  to  deprive  any 
person  or  persons  on  account  of  race  or  color,  or  previous  con- 
dition, of  any  political,  religious  or  civil  rights,  privileges  or 
immunities  enjoyed  by  any  other  class  of  men  ;  and  that  I 
make  this  oath  without  any  mental  reservation  or  evasion,  and 
hold  it  to  be  binding  on  me." 

Sec.  7.  After  the  adoption  of  this  Constitution,  the  Governor, 
the  Lieutenant  Governor,  Secretary  of  State,  Auditor  of  Pub- 
lic Accounts,  State  Treasurer,  Register  of  Lands,  Attorney 
General,  State  Superintendent  of  Public  Schools,  Judges  of  the 
Sapreme  Court  of  Mississippi,  and  all  the  members  and  officers 
of  both  houses  of  the  General  Assemby,  and  Judges  of  ail 
Courts,  all  County,  Township,  and  Municipal  officers,  shall  take 
and  subscribe  said  oath;  after  such  adoption  every  person  in 
this  State,  holding  any  other  office  of  honor,  trust,  or  profit, 
under  the  Constitution  or  laws  thereof,  or  under  any  municipal 
corporations,  or  any  of  the  other  offices,  positions,  or  trusts, 
mentioned  in  the  6th  section  of  this  article,  shall  likewise  take 
and  subscribe  the  same.  If  any  officer  or  person  referred  to  in 
this  section,  shall  fail  to  comply  with  the  requirements  thereof, 
his  office,  position,  or  trust,  shall  ipso  facto  become  vacant, 
and  the  vacancy  shall  be  filled  according  to  the  law  governing 
the  case. 

Sec.  8.  No  vote  in  any  election,  by  the  people,  shall  be  cast 
up  for.  nor  shall  any  certificate  of  election  be  granted  to,  any 
person  who  shall  not  within  fifteen  days  next  preceding  such 
election,  have  taken,  subscribed,  and  filed  said  oath. 

Sec.  9.  No  person  shall  assume  the  duties  of  any  State, 
county,  city,  town,  or  other  office,  to  which  he  may  be  appoint- 
C—  5  " 


66 


ed,  otherwise  than  by  a  vote  of  the  people,  unless  such  person 
shall  have  first  taken,  subscribed,  and  filed  said  oath. 

Sec.  10.  Oaths  taken  in  pursuance  of  6th  sections  of  this 
article,  shall  be  filed  as  follows:  By  a  State  civil  officer, 
or  a  candidate  for  a  State  civil  office,  and  by  members  and 
officers  of  the  General  Assembly,  in  the  office  of  the  Secretary 
of  State;  by  a  military  officer,  in  the  office  of  the  Adjutant 
General ;  by  a  candidate  for  either  house  of  the  General  As- 
sembly, in  the  Clerks  office  of  the  County  Court  of  the  county 
of  his  residence,  or  in  that  of  the  county  where  the  vote  of  the 
District  is  required  by  law  to  be  cast  up,  and  the  certificate  of 
election  granted  by  a  city  or  town  officer,  in  the  office  where 
the  archives  of  such  city  or  town  are  kept,  and  in  all  other  cases 
in  the  office  of  the  Clerk  of  the  County  Court,  of  the  county 
of  the  person's  residence. 

Sec.  11.  Every  court  in  which  any  person  shall  be  summoned 
to  serve  as  a  grand,  or  petit  juror,  shall  require  him,  before  he 
is  sworn  as  a  juror,  to  take  said  oath  in  open  court,  and  no 
person  refusing  to  take  the  same  shall  serve  as  a  juror. 

Sec.  12.  If  any  person  shall  declare  that  he  has  conscien- 
cious  scruples  against  taking  an  oath,  or  swearing,  in  any  form, 
the  said  oath  may  be  changed  into  a  solemn  affirmation,  and 
be  made  by  him  in  that  form. 

Sec  13.  In  addition  to  the  oath  of  loyalty  aforesaid,  every 
person  who  may  be  elected,  or  appointed,  to  any  office,  shall, 
before  entering  upon  its  duties,  take  and  subscribe  an  oath  or 
affirmation,  that  he  will,  to  the  best  of  his  ability,  diligently 
and  faithfully,  without  partiality  or  prejudice,  discharge  the 
duties  of  such  office,  according  to  the  Constitution  and  laws  of 
this  State. 

Sec.  14.  Whoever  shall  hold  or  exercise  any  of  the  offices, 
positions,  trusts,  professions,  or  functions  specified  in  the  pre- 
ceding sections,  without  having  taken,  subscribed,  and  filed  said 
oath  of  loyalty,  shall,  on  conviction  thereof,  be  punished  by 
fine,  not  less  than  five  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  six  months,  or  by  both  such  fine 
and  imprisonment;  and  whoever  shall  take  said  oath  falsely, 
by  swearing,  or  by  affirmation,  shall,  on  conviction  thereof,  be 
adjudged  guilty  of  perjury,  and  be  punished  by  imprisonment 
in  the  penitentiaiy,  not  less  than  two  years. 

Sec  15.  Whoever  shall  be  convicted  of  having,  directly  or 
indirectly,  given  or  offered  any  bribe  to  procure  his  election  or 
appointment  to  any  office,  shall  be  disqualified  for  any  office  of 
honor,  trust,  or  profit  under  this  State;  and  whoever  shall  give 
or  offer  any  bribe  to  procure  the  election  or  appointment  of 
any  other  person  to  any  office,  shall,  on  conviction  thereof,  be 
disqualified  for  a  voter,  or  any  office  of  honor,  trust,  or  profit 
under  this  State,  for  ten  years  after  such  conviction. 

Sec  16.  No  officer,  soldier,  seaman,  or  marine,  in  the  regular 
army  or  navy  of  the  United  States,  shall  be  entitled  to  vote  at 
any  election  in  this  State. 

Sec  17.  No  person  who  shall  make  or  become,  directly  or 


67 


indirectly,  interested  in  any  bet  or  wager  depending  upon  the 
result  of  any  election,  shall  vote  at  such  election. 

Sec.  18.  Every  male  citizen  of  the  United  States,  without 
regard  to  race  or  color,  over  the  age  of  twenty-one  years,  not 
disqualified  by  or  under  any  of  the  provisions  of  this  Consti- 
tution, and  who  shall  have  complied  with  its  requirements,  and 
have  resided  in  this  State  one  year  next  preceding  any  elec- 
tion, or  next  preceding  his  registration  as  a  voter,  and  during 
the  last  thirty  days  of  that  period  shall  have  resided  in  the 
county,  city,  or  town  where  he  offers  to  vote  or  seeks  registra- 
tion as  a  voter,  shall  be  entitled  to  vote  at  such  election  for  all 
officers,  State,  county,  or  municipal,  made  elective  by  the 
people,  but  he  shall  not  vote  elsewhere  than  in  the  county  or 
district  of  which  he  is  at  the- time  a  resident,  or  after  a  sj^stem 
of  registration  of  votes  shall  have  been  established  in  the  elec- 
tion district  where  his  name  is  registered. 

Sec,  19.  For  the  purpose  of  voting,  no  person  shall  be 
deemed  to  have  gained  or  lost  a  residence  by  reason  of  his 
presence  or  absence  while  employed  in  the  service  of  the  Uni- 
ted States,  nor  while  engaged  in  the  navigation  of  the  waters 
of  this  State,  or  of  the  United  States,  or  of  the  high  seas,  nor 
while  a  student  in  any  seminary  of  learning,  nor  while  kept  at 
any  poor-house,  or  other  asylum,  nor  when  confined  in  any  pub- 
lic prison. 

Sec.  20.  Any  person  who  may,  at  any  time,  have  done  any 
ac'j  which,  under  the  3d  section  of  this  article,  has  disquali- 
fied or  may  disqualify  him  as  therein  expressed ;  and  who  shall 
have,  after  the  commission  of  such  act,  voluntarily  entered  the 
military  service  of  the  United  States,  and  been  honorably  dis- 
charged therefrom,  and  after  such  discharge  have  demeaned 
himself  in  all  respects  as  a  loyal  and  faithful  citizen,  may  be 
relieved  from  such  disqualification.  In  order  thereto  he  shall, 
in  person,  present  his  petition  to  the  Circuit  Court  of  the 
county  of  his  residence,  stating  specifically  the  act  or  acts 
which  produced  such  disqualification,  and  the  grounds  upon 
which  he  prays  to  be  relieved  therefrom;  and  the  court  shall 
set  a  day  for  hearing  the  cause,  not  less  than  five  days  after  the 
presentation  of  the  petition,  when,  if  it  appear  by  competent 
proof,  that  the  petitioner  is  justly  entitled  to  the  relief  prayed 
for,  the  court  shall  make  a  decree  removing  such  disqualifica- 
tion; but  any  act  done  by  such  person  after  the  date  of  such 
decree,  which  would  impose  a  disqualification  under  said  3d 
section  of  this  article,  shall  make  such  decree  null  and  void, 
and  remit  him  to  his  previous  condition  of  disqualification; 
and  no  such  decree  shall  be  granted  a  second  time  in  his  favor. 

Sec.  21.  After  any  person  shall  have  been  so  relieved  by  the 
decree  of  a  Circuit  Court,  he  shall,  in  order  to  vote  or  hold  any 
of  the  offices,  positions,  trusts,  or  exercise  any  of  the  privileges 
or  functions  hereinbefore  specified,  take  the  oath  of  loyalty 
aforesrid,  except  the  part  thereof  which  refers  to  the  sec- 
tion of  this  article,  and  to  the  past  acts  or  loyalty  of  the  person 
taking  the  oath. 


GS 


Sec.  22.  The  General  Assembly  shall  provide  for  the  exclu- 
sion from  every  office  of  honor,  trust,  and  profit,  within  this 
State,  and  from  the  right  of  suffrage  of  any  person  convicted 
of  bribery,  prejury,  or  other  infamous  crimes. 

Which,  on  motion,  was  referred  to  the  committee  on  Franchise. 

Mr.  Jacobs,  of  Adams,  offered  the  following  resolution : 

Resolved,  That  no  person  in  this  State  shall  ever  be  impris- 
oned for  debt  or  otherwise,  except  as  a  punishment  for  crime. 

Referred  to  the  committee  on  Judiciary. 

Mr.  Stovall,  offered  the  following: 

Whereas,  It  has  been  represented  to  this  Convention  that 
great  scarcity  of  provisions  and  pecuniary  distress  exists  in 
many  portions  of  the  State,  that  an  immense  amount  of  prop- 
erty is  being  sold  at  great  sacrifice,  and  by  such  sales  the  cred- 
itors are  being- but  little  benefitted  and  the  unfortunate  debtors 
being  destroyed;  therefore,  be  it 

Resolved,  That  the  President  of  this  Convention  appoint  a 
committee  of  five,  one  from  each  Congressional  District,  who 
shall  proceed  to  Vicksburg,  and  confer  with  Gen.  Gillem,  and 
urge  him  to  issue  a  general  order  to  the  Sheriffs  of  Mississippi, 
forbidding  them  to  sell  any  more  property  until  further  orders. 

Mr.  Aldersou moved  to  lay  on  the  table; 

Which  was  lost. 

Mr.  Castello  moved  to  strike  out  all  after  the  word  "resolved;" 
Which  was  lost. 

Mr.  Castello  moved  to  com  mitt  to  committee  on  Legislative 
Department; 
Which  was  laid  over  for  the  time  being. 

The  special  order  of  the  day  was  the  consideration  of  the 
ordinance  as  submitted  bj'  the  Finance  Committee,  No.  2,  as 
printed. 

On  motion  of  Mr.  Orr,  it  was  laid  over  until  the  29th  inst. 

Mr.  Clarke,  of  Yazoo,  offered  the  following: 

Whereas,  The  laws  of  Congress  creating  the  Bureau  of 
Refugees,  Freedmen,  and  Abandon ded  Lands,  provides  that 
said  Bureau  shall  expire  on  the  1st  day  of  July,  1S68;  and 

Whereas,  The  freedmen  of  the  non-reconstructed  States,  are 
yet  subject  to  much  injustice  and  persecution,  at  the  hands  of 
former  rebels  and  slaveholders;  and 

Whereas,  The  freedmen  in  those  States,  with  but  few  excep- 
tions, fail  to  receive  justice,  either  under  State  laws  in  State 
Courts,  or  under  the  Civil  Rights  Bill  in  the  tribunals,  designa- 
ted in  that  bill;  therefore,  be  it 

Resolved,  That  this  Convention  unite  with  the  Conventions 
of  Alabama,  Louisiana,  and  Virginia,  in  their  petitions  to  Con- 
gress for  the  continuance  of  the  Bureau  of  Freedmen,  Refu- 
gees, and  Abandoned  Lands,  till  such  time  as  the  work  of 
reconstruction  shall  have  been  completed  and  State  govern- 
ments in  full  operation,  as  now  contemplated  by  law;  there- 
fore, be  it  further 

Resolved,  That  this  Convention  in  urging  upon  Congress  the 
necessity  of  extendiagthe  Bureau,  would  also  urge  the  import- 


69 


ance  of  inquiring  into  the  character  and  sympathy  of  many  of 
the  officers  and  agents  in  this  State,  and  the  dismissal  of  such 
as  are  found  to  be  incompetent  and  unfit  to  he  trusted  with  the 
grave  and  responsible  duties  devolving  upon  them,  of  whom, 
in  the  judgment  of  this  Convention,  there  are  many. 

JSesolved,  That  a  copy  of  these  resolutions  be  forwarded  by 
the  President  of  this  Convention  to  the  President  of  the 
Senate  and  Speaker  of  the  House  of  Representatives  of  the 
United  States. 

Which  was  adopted. 

Mr.  Orr.  of  Harrison,  introduced  the  following: 

S-esoIved.  That  when  a  report  of  a  standing  committee  is 
taken  up  it  shall  be  considered  section  by  section,  seriatum^ 
and  that  no  section  shall  be  finally  adopted  until  it  has  under- 
gone three  readings. 

Which  was  adopted. 

Mr.  Orr  offered  the  folio?  ing: 

MesoZved,  That  the  President  of  this  Convention  be  and  is 
hereby  authorized  and  empowered  to  appoint  a  clerk  for  the 
committee  on  Printing. 

Which  was  adopted; 

Mr.  Chappell  offered  an  amendment  to  rule  No.  20.  so  as  to 
reach  after  the  word  "decision.""  "and  when  referred  to  a 
•committee,  no  other  motion  or  resolution  embracing  the  same 
matter  shall  be  entertained  till  the  same  be  disposed  of." 

Mr.  Stricklin  moved  to  lay  on  the  table; 

Which  was  lost. 

The  question  recurring  on  the  original  motion,  it  was  lost- 
Mr.  Howe  called  up  the  resolution  of  Mr.  Stovail. 
The  question  being  on  the  motion  of  Mr.  Castillo,  to  refer 

to  the  committee  on  Legislative  Department,  it  was  lost. 

Mr.  Clarke  moved  to  make  it  the  special  order  of  the  day  for 

Wednesday  next. 
Mr.  Castello  moved  to  adjourn; 
Which  was  lost. 

Mr.  Gibbs  moved  to  lay  on  the  table; 
Which  was  lost. 

Previous  question  being  called  and  ordered,  the  motion  of 
Mr.  Clarke  was  lost. 

Mr.  Gibbs  moved  to  adjourn; 
Which  was  lost. 

On  the  original  resolution  of  Mr.  Stovail.  the  yeas  and  nays 
were  called,  and  it  was  carried,  by  the  following  vote: 

Yeas — Messrs.  Alcorn.  Ballard.  Beam.  Chapman.  Chappell, 
Cunningham,  Dalton.  Dowd,  Elliott  John,  Elliott  James.  Fawn, 
Field.  Fitzhugh.  Gaither,  Gibbs,  Goss.  Gray.  Howe.  Hutto, 
■Jamison.  Jones.  Kerr.  Mayson,  Mask.  Musgrove.  Merryman. 
Morgan,  Mygatt.  McCutchen,  McKnight,  Neilson,  Nelnis, 
Ozanne.  Parsons  of  Hinds.  Phillips.  Powell  Qunm,  Railst>a<  k, 
Eainey.  Pichardson.',Smith.  Stites.  Stovail.  Stricklin,  Townsend, 
Vaughan,  Walker.  Warren.  Williams — 49. 

Xays— Messrs.  Alderson,  Barry.  Bonney,  Bridges.  Brinson, 


70 

Caldwell,  Castello,  Clarke,  Combash,  Hauser,  Herbert,  Jacobs, 
Johnson  A.,  Lawson,  Leonard,  Miles,  Moore,  Newsom,  Orr, 
Parsons  of  Adams,  Peyton  of  Hinds,  Stewart,  Stringer,  Stiles, 
Toy,  Weir,  Woodmansee,  Yeoman — 28. 

Mr.  Castello  moved  to  adjourn; 

Which  was  lost. 

Mr.  Alcorn  moved  a  reconsideration  of  the  vote. 

Mr.  Eailsback  moved  to  lay  on  the  table ; 

Which  was  lost. 

Mr.  Gibbs  moved  to  adjourn; 

Which  was  lost. 

The  President  announced  that  the  hour  had  arrived  for  the 
adjournment  of  the  Convention. 

The  Convention  then  adjourned  until  10  o'clock  to-morrow 
morning. 

T.  P.  Sears, 
Secretary. 


THIRTEENTH  DAY. 

Jackson,  Miss.,  Tuesday,  Jan.  21st,  1868, 

The  Convention  met  pursuant  to  adjournment. 
President  Eggleston  in  the  chair. 
Prayer  by  the  chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Bonney,  Bridges, 
Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Com- 
bash, Compton,  Cunningham,  Dalton,  Dowd,  Drane,  Elliott 
John,  Elliott  James,  Fawn,  Field,  Fitzhugh,  Gaither,  Gibbs, 
Goss,  Gray,  Handy,  Hauser,  Holland,  Howe,  Hutto,  Johnson 
A.,  Jones,  Kerr,  Lawson,  Leonard,  Mayson,  Mask,  Musgrove, 
Montgomery,  Miles,  Merry  man,  Moore,  Morgan,  Myers,  My- 
gatt,  McCutchen,  McKnight,  Neilson,  Nelms,  Newsom,  Ozanne, 
Parsons  of  Adams,  Parsons  of  Hinds,  Peyton  of  Hinds,  Phil- 
lips, Powell,  Eailsback,  Rainey,  Richardson,  Smith,  Stewart, 
Stiles,  Stovall.  Stricklin,  Stringer,  Stites,  Town  send,  Toy, 
Vaughan,  Walker,  Watson,  Warren,  Woodmansee,  and  Yeo- 
man— 76. 

Journal  of  yesterday  read  and  approved. 
Mr.  Railsback  offered  the  following: 

Resolved,  That  the  Rules  of  this  Convention  be  suspended, 
and  reports  from  standing  committees  be  received.* 
Which  was  adopted. 

Mr.  Castello,  chairman  of  the  committee  on  General  Pro- 
visions, submitted  the  following  report : 
Mr.  President  :  The  committee  to  whom  was  referred  a  reso- 


71 


lution  that  the  State  of  Mississippi  shall  never  pay  or  assume 
any  debts  or  obligation  contracted  or  incurred  on  account  of 
the  liberation  of  slaves,  and  on  account  of  the  rebellion,  beg 
leave  to  report  the  following  articles : 

Article  1.  The  General  Assembly  of  the  State  of  Missis- 
sippi, shall  never  assume  or  have  any  power  to  assume  or  pay 
any  debts  or  obligations  contracted  or  incurred  in  aid  of  the 
rebellion. 

Article  2.  The  General  Assembly  of  the  State  of  Missis- 
sippi, shall  have  no  power  to  make  compensation  for  emanci- 
pated slaves. 

Article  3.  The  General  Assembly  of  the  State  of  Missis- 
sippi, shall  have  no  power  to  claim  from  the  United  States, 
compensation  for  slaves  emancipated  or  liberated  in  any  man- 
ner since  the  year  1861. 

Article  4.  The  above  articles  shall  never  be  so  altered  or 
amended  as  to  destroy  the  interest  and  purposes  therein  con- 
.  tained. 

Respectfully  submitted, 

E.  J.  Castello, 
Peres  Bonne y, 
D.  Stites, 
J.  R.  Parsons, 
George  Stovall, 

Committee. 

Mr.  Musgrove  moved  to  print  one  hundred  copies. 
Mr.  Hauser  moved  to  amend,  by  substituting  two  hundred 
for  one  hundred; 
Which  was  lost; 

Mr.  Musgrove' s  motion  to  print  one  hundred  copies,  was 
adopted. 

Mr,  Parsons,  of  Adams,  chairman  of  committee  on  Finance, 
submitted  the  following  report: 

AN  ORDINANCE  IMPOSING  TAXES  TO  DEFRAY  THE  EXPENSES  OF  THIS 
CONVENTION,   AND   FOR  OTHER  PURPOSES. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of 
Ilississijyjn  in  Convention  assembled,  That  a  special  tax  of 
two  dollars  and  fift}T  cents  per  thousand  be,  and  the  same  is 
hereby  levied,  upon  the  gross  receipt  of  sales,  for  the  year  1867 
upon  each  and  every  dry  goods,  grocery,  drug,  or  provision 
store,  or  commission  house,  where  goods,  wares,  and  merchan- 
dise are  sold,  not  herein  otherwise  provided  for. 

Sec.  2.  Be  it  further  ordained,  That  a  special  tax  of  fifty 
dollars  be,  and  the  same  is  hereby  levied  upon  each  and  every 
auction  store,  upon  each  brewery,  upon  each  bar-room,  drink- 
ing saloon,  or  other  places  where  spirituous,  vinous,  malt,  or 
brewed  liquors  are  sold  by  permission  of  law,  and  upon  each 
wholesale  liquor  or  rectifying  house. 

Sec.  3.  Be  it  further  ordained,  That  a  special  tax  of 
twenty-five  dollars  be,  and  the  same  is  hereby  levied  upon  each 


72 


and  every  livery  stable,  where  horses  and  mules  are  kept  exclu- 
sively for  hire ;  upon  each  saw-mill,  where  lumber  is  sawed  for 
sale;  upon  each  dealer  in  coal,  coal  company,  or  keeper  of  a 
coal-yard;  upon  each  carriage  depository,  whece  carriages  are 
kept  for  sale  or  hire;  upon  each  nine  or  ten-pin  alley,  exclu- 
sive of  tax  upon  bar-rooms;  upon  each  jewelry  store,  and  upon 
each  wharfboat. 

Sec.  4.  Be  it  further  ordained,  That  a  special  tax  often  dol- 
lars be,  and  the  same  is  hereby  levied,  upon  each  and  every 
bounty  agent,  or  persons  employed  to  procure  pajrment  of 
bounties,  due  the  United  States  soldiers;  upon  each  public 
inn,  tavern,  eating-house,  or  restaurant,  exclusive  of  the  tax 
on  bar-rooms,  upon  each  gunsmith,  and  upon  each  meat  stall, 
or  place  where  fresh  meats  are  kept  for  sale. 

Sec.  5.  Be  it  further  ordained,  That  a  special  tax  of  one  hun- 
dred dollars  be,  and  the  same  is  hereby  levied  upon  each  and 
every  distillery,  where  grain  or  fruits  are  distilled  into  spirit- 
uous liquors. 

Sec  6.  Be  it  further  ordained,  That  a  special  tax  of  one 
hundred  dollars  be,  and  the  same  is  hereby  levied  upon  each 
and  every  bank,  banking  establishment,  broker,  or  dealer  in 
money,  exchange,  bonds,  or  notes,  whether  such  person  or 
partnership  have  a  house  established  for  business,  or  do  the 
business  in  the  streets,  or  highways,  shall  be  considered  as 
brokers,  and  liable  for  the  tax  as  provided  for  in  this  section. 

Sec.  7.  Be  it  further  ordained,  That  a  special  tax  of  one 
hundred  dollars  be,  and  the  same  is  hereby  levied  upon  each 
and  every  gas  company,  or  other  establishment,  where  gas  is 
manufactured  for  the  public  use. 

See.  8.  Be  it  further  ordained,  That  a  special  tax  of  fifty 
dollars,  be  and  the  same  is  hereby  levied  upon  each  and  every 
daily  newspaper;  thirtj^  dollars  upon  each  tri- weekly  newspa- 
per, and  twenty  dollars  upon  each  weekly  newspaper  published 
in  the  State;  Provided,  That  when  daily,  tri-weekly,  and 
weekly  papers,  or  tri-weekly  and  weekly,  are  published  at  the 
same  office,  then  and  in  that  case,  fifty  dollars  for  the  daily 
paper,  or  thirty  dollars  for  the  tri-weekly,  as  the  case  may  be,, 
shall  only  be  levied  and  collected. 

Sec.  9.  Be  it  further  ordained,  That  a  special  tax  of  twenty- 
five  dollars,  be  and  the  same  is  hereby  levied  upon  each  job 
printing  office,  when  separate  from  newspaper,  or  publishing 
establishment. 

Sec.  10.  Be  it  further  ordained,  That  a  special  tax  of  twenty- 
five  dollars  be,  and  the  same  is  hereby  levied  upon  each  office, 
or  agency,  of  each  and  every  express  company,  and  that  it 
may  be  understood,  what  is  intended  by  each  office,  or  agency, 
it  is  hereby  declared  that  at  any  point  or  place  where  express 
matter  is  sent,  or  received,  is  declared  to  be  an  office  or  agency. 

Sec,  11.  Be  it  further  ordained,  That  a  special  tax  of  ten 
dollars  be,  and  and  the  same  is  hereby  levied  upon  each  and 
every  telegraph  office,  where  dispatches  are  received  and  sent; 


73 


Provided,  That  this  section  shall  not  apply  to  offices  used  ex- 
clusively by  railroads,  or  banking  establishments. 

Sec.  12.  Be  it  further  ordained,  That  a  special  tax  of  two 
hundred  dollars  be,  and  the  same  is  hereby  levied  upon  the 
New  Orleans,  Jackson,  and  Great  Northern  Railroad,  the 
Vicksburg  and  Meridian  Railroad,  to  be  collected  at  Jackson, 
Mississippi;  and  upon  the  Mississippi  Central  Railroad,  to  be 
collected  at  Canton.  Mississippi:  and  upon  the  Memphis  and 
Charleston  Railroad,  to  be  collected  at  Corinth,  Mississippi; 
and  upon  the  Mobile  and  Ohio  Railroad,  to  be  collected  at 
Columbus,  Mississippi;  that  a  special  tax  of  fifty  dollars  is 
hereby  levied  upon  the  Meridian  and  Selma  Railroad,  to  be  col- 
lected at  Meridian,  Mississippi;  that  a  special  tax  of  twenty- 
five  dollars  is  hereby  levied  upon  the  Ba^you  Sara  and  Woodville 
Railroad,  to  be  collected  at  Woodville.  Mississippi;  that  a 
special  tax  of  ten  dollars  is  hereby  levied  upon  the  Grand  Gulf 
and  Port  Gibson  Railroad,  to  be  collected  at  Port  Gibson, 
Missississippi. 

Sec.  13.  Be  it  further  ordained,  That  a  special  tax  of  the 
dollars  be,  and  the  same  is  hereby  levied,  upon  each  and  every 
steamboat  agency  for  each  boat  represented  by  the  agent  or 
agents;  Provided,  That  this  section  shall  not  apply  to  transient 
boats. 

Sec.  14.  Be  it  further  ordained,  That  a  special  tax  of  twen- 
ty-five dollars  be,  and  the  same  is  hereby  levied  upon  each  and 
every  grist  mill  where  the  value  of  toll,  sold  for  the  year  1867, 
exceeded  one  thousand  dollars,  and  upon  each  cotton  gin,  where 
more  than  fifty  bales  were  ginned  for  the  public  during  the 
same  time. 

Sec.  15.  Be  it  further  ordained,  That  a  special  tax  of  one 
hundred  dollars  be,  and  the  same  is  hereby  levied  upon  each 
and  eveiy  steam  ferry  plying  to  or  from  any  point  upon  the 
Mississippi  river,  in  this  State,  a  tax  of  twenty-five  dollars  be, 
and  the  same  is  hereby  levied  upon  all  other  ferries  in  the 
State,  and  a  tax  of  twent}T-five  dollars  be,  and  the  same  is 
hereby  levied  upon  each  toll-bridge  and  turnpike  in  the  State. 

Sec  16.  Be  it  further  ordained,  That  a  special  tax  of  fifty  cents 
per  bale  be,  and  the  same  is  hereby  levied  upon  each  and  every 
bale  of  cotton  now  in  store  at  an}^  point  in  this  State,  or  that 
may  be  received  by  an}-  forwarding  or  commission  merchant, 
or  other  person,  during  the  time  of  the  collection  of  this  tax. 

Sec  17.  Be  it  further  ordained,  That  this  Convention,  upon 
the  recommendation  of  delegates  from  the  several  counties, 
shall  elect  or  appoint  the  necessary  number  of  collectors,  not 
to  exceed  one  to  each  county,  who  shall,  before  entering  upon 
the  duties  of  their  office,  take  and  subscribe  the  oath  of  office 
provided  for  officers  of  the  United  States,  by  Act  of  Congress, 
dated  July  2,  1862;  which  oath  shall  be  deposited  with  the 
Treasurer  of  this  Convention;  Provided,  That  said  Collectors 
shall  receive,  in  full  compensation,  five  per  cent,  of  all  moneys 
collected  by  them  under  this  ordinance. 

Sec  18.  "Be  it  further  ordained,  That  it  shall  be  the  duty 


74 


of  the  collectors  of  the  several  counties  to  collect  the  tax 
herein  provided,  after  giving  five  days'  previous  notice  thereof 
by  posting  conspicuously  over  the  countj^,  a  schedule  of  the 
amount  of  tax  levied  by  this  ordinance,  and  the  day  upon 
which  he  will  proceed  to  collect  the  same;  and  in  default  of 
payment  of  the  tax  assessed  by  this  ordinance,  the  Tax  Col- 
lector shall  have  the  power  to  levy  upon,  and  sell,  to  the  highest 
bidder,  a  sufficient  amount  of  personal  property,  ' belonging  to 
the  defaulting  party,  to  pay  the  amount  of  tax,  with  cost  of 
levy  and  sale;  Provided,  That  said  Collector  shall,  in  such 
cases,  give  three  days'  previous  notice  of  the  time  and  place  of 
sale,  and  the  property  to  be  sold,  by  posting  advertisements  in 
live  public  places  in  the  county. 

Sec.  1 9.  Be  it  f  urther  ordained,  That  any  person  who 
shall  pay  any  tax  under  this  ordinance,  shall  be  entitled  to 
ask  and  receive  from  the  Collector  to  whom  he  may  have  paid 
the  same,  a  receipt,  stating  the  amount  so  paid;  and  the  said 
receipt  shall  be  hereafter  received  by  any  Sheriff  or  other  Tax 
Collector,  when  presented  to  him  for  all  taxes  now  due  the 
State,  or  that  may  hereafter  become  clue;  and  provided,  that 
said  receipt  shall  be  transferable  and  receivable  from  any  per- 
son who  may  hold  the  same. 

Sec.  20.  Be  it  further  ordained,  That  each  Tax  Collector 
shall,  at  the  end  of  every  five  days  (beginning  ten  days  after 
the  acceptance  of  his  appointment),  transmit  to  the  Treasurer 
of  this  Convention  the  amount  of  moneys  so  collected,  with  a 
statement  of  the  names  of  persons  from  whom  collected,  and 
what  amount  each  one  has  paid;  and  when  the  tax  is  all  col- 
lected, said  Collectors  shall  forward  to  the  said  Treasurer  a 
final  statement  of  the  money  so  collected,  together  with  an 
affidavit,  that  said  statement  contains  a  true  and  correct  exhibit 
of  all  moneys  collected  by  him,  under  the  provisions  of  this 
ordinance;  Provided,  That  the  money  herein  directed  to  be 
sent  to  the  Treasurer,  shall,  in  all  cases,  be  forwarded  through 
the  nearest  express  office,  and  that  each  Collector  shall  be 
reimbursed  for  his  actual  expenses  incurred  in  transmitting 
said  funds  to  the  Treasurer;  Provided  further,  That  where 
there  is  no  express  office  in  a  county,  the  Collector  shall  be 
required  to  make  the  return  to  the  Treasurer  as  herein  pro- 
vided, once  every  ten,  instead  of  five  days. 

Sec  21.  Be  it  further  ordained,  That  the  Tax  Collector 
shall  have  power  to  administer  an  oath  to  any  person  or  per- 
sons, as  to  his  or  their  amount  of  sales  during  the  year  1869, 
and  to  examine  all  books  and  papers  of  merchants  and  others, 
in  order  to  carry  out  the  provisions  of  section  1  of  this  ordi- 
nance; and  if  any  person  shall  refuse  to  make  such  oath,  or  if 
the  Collector  shall  be  unsatisfied  as  to  the  amount  of  sales  ren- 
dered, he  shall  have  the  power  to  assess  and  collect  from  every 
such  person  what  he  shall  deem  to  be  just. 

Sec.  22.  Be  it  further  ordained,  That  a  Treasurer  shall 
be  elected,  or  appointed  by  this  Convention,  to  continue  in 
office  during  its  session,  and  such  further  time   as  may  be 


75 


necessary  to  cany  out  the  provisions  of  this  ordinance:  he 
shall  receive  the  same  compensation  as  members  of  this  Con- 
vention, and  one  per  cent,  of  all  moneys  received  and  disbursed 
by  him ;  it  shall  be  the  duty  of  the  Treasurer  to  provide  all 
blanks,  notices,  and  receipts,  necessary  to  carry  out  the  pro- 
visions of  this  ordinance,  and  forward  the  same  to  the  several 
Collectors ;  he  shall  also  take  the  oath  provided  for  United 
States  officers,  by  Act  of  Congress,  dated  July  2,  1862. 

Sec.  23.  Be  it  further  ordained.  That  the  office  of  the 
Treasurer  shall  be  in  the  Capitol,  in  the  city  of  Jackson,  and 
shall  be  kept  open  from  9  o'clock  a.  m.,  until  4  o'clock  p.  m., 
each  day,  Sundays  excepted. 

Sec.  24.  Be  it  further  ordained,  That  the  Treasurer  shall 
receive  and  disburse  all  moneys  collected  under  and  by  virtue 
oi  this  ordinance;  Provided,  That  no  disbursement  shall  be 
made,  except  upon  warrants  signed  by  the  President,  and 
countersigned  by  the  Secretary;  he  shall,  as  often  as  maybe 
deemed  necessary  by  this  Convention,  furnish  a  detailed  state- 
ment of  all  moneys  received  and  disbursed  by  him,  by  reason 
of  this  ordinance,  and  all  books  and  papers,  appertaining  to 
his  office,  shall  at  all  times,  be  open  to  the  inspection  of  the 
Finance,  or  other  committee,  specially  appointed  by  this  Con- 
vention for  that  purpose. 

Sec.  25.  Be  it  further  ordained.  That  all  moneys  remaining 
in  the  Treasury  after  paying  the  expenses  of  this  Convention, 
shall  be  disposed  of  by  this  Convention  before  its  final  adjourn- 
ment, subject  to  the  order  of  the  first  Legislature  convened  un- 
der the  Constitution  to  be  formed  by  this  Convention. 

Sec.  26.  Be  it  further  ordained.  That  any  Tax  Collector 
or  Treasurer,  appointed  by  this  Convention,  who  shall  embezzle 
or  fraudulently  use,  loan,  convert,  or  attempt  to  convert,  any  of 
the  said  funds  herein  authorized  to  be  collected,  to  his  own 
use,  or  apply  them  in  any  manner  not  herein  provided  for,  shall 
be  deemed  guilty  of  embezzlement,  and  shall  be  prosecuted  in 
any  Court  in  this  State,  having  competent  jurisdiction,  and 
upon  conviction  shall  be  fined  and  imprisoned  as  now  provided 
by  law,  in  cases  of  State  and  county  officers. 

Sec.  27.  Be  it  further  ordained,  That  a  special  tax  of 
fifty  per  cent,  be  and  the  same  is  hereby  levied  in  addition  to 
the  State  tax  now  assessed  upon  the  real  and  moveable  prop- 
erty of  this  State,  for  the  year  1867,  and  that  the  amount  shall 
be  added  to  the  taxes  for  the  said  year. 

Sec.  28.  Be  it  further  ordained.  That  it  shall  be  the  duty 
of  the  Sheriff's  of  the  several  counties,  to  add  to  the  assess- 
ment rolls  for  1867,  the  per  cent,  herein  authorized,  and  to  col- 
lect the  same  with  said  taxes  according  to  the  laws  now  in 
force  in  this  State,  for  the  collection  of  taxes;  they  shall  receive 
the  same  compensation  for  said  services,  as  now  provided  by 
law. 

Sec.  29.  Be  it  further  ordained.  That  the  warrants  issued 
by  this  Convention,  as  well  as  the  receipts  of  all  Tax  Collectors 
herein  authorized,  shall  be  received  by  the  Sheriffs,  in  payment 


76 


of  this  tax,  and  also  in  payment  of  all  other  taxes  now  due  this 
State. 

Sec.  30.  Be  it  further  ordained,  That  the  Sheriffs  of  the 
several  counties  shall  make  separate  returns  to  the  State  Audi- 
tor and  Treasurer,  as  now  required  by  law,  of  all  taxes  collect- 
ed by  them  under  this  ordinance. 

Sec.  31.  Be  it  f  urther  ordained,  That  the  State  Treasurer 
shall  receive  from  the  Sheriffs  of  the  several  counties  the 
amount  of  taxes  collected  by  them  under  this  ordinance,  and 
shall  pay  the  same  out  only  upon  the  warrants  issued  by  this 
Convention  until  the  meeting  of  the  first  Legislature,  after  the 
adoption  of  the  Constitution  to  be  formed  by  this  Convention. 

Sec  32.  Be  it  f  urther  ordained,  That  no  warrants  shall  be 
received  by  the  Sheriffs  of  the  several  counties  in  payment  of 
this  tax  except  those  herein  provided  for. 

Sec.  33.  Be  it  further  ordained,  That  it  shall  be  the  duty  of 
the  Secretary  of  this  Convention,  at  the  time  of  its  adjourn- 
ment, to  furnish  to  the  Treasurer  of  the  State  the  number  of 
warrants  issued  by  this  Convention,  the  number  outstanding, 
to  whom  issued,  and  the  amount  of  each. 

Mr.  Cunningham  moved  that  the  report  be  received,  and  one 
hundred  copies  be  printed  for  the  use  of  the  Convention. 

Mr.  Hauser  moved  to  amend  the  above  by  substituting  three 
hundred  copies  instead  of  one  hundred; 

Which  was  adopted. 

The  committee  on  Bill  of  Rights  reported  progress. 
Mr.  Newsom  offered  the  following : 

Resolved,  That  the  following  ordinance  be  inserted  in  the 
Constitution : 

Article  1.  The  Legislature  shall,  by  law,  establish  a  House 
of  Correction  for  juvenile  offenders  of  the  State,  of  the  age  of 
fourteen  and  under,  providing  for  their  religious  and  moral 
training;  appoint  suitable^chaplains  for  these  purposes,  erect 
school-rooms  and  work-shops;  the  inmates  to  be  taught  the 
same  branches  of  education  as  are  taught  in  the  State  schools, 
and  the  various  mechanical  trades. 

Art.  2.  The  institution  to  be  under  the  supervision  and 
inspection  of  the  Superintendent  of  Public  Instruction  of  the 
State  of  Mississippi.  He  shall  make  an  annual  report  of  the 
condition  of  the  institution  to  the  Legislature. 

Which  was  referred  to  the  committee  on  Public  Education. 

Mr.  Musgrove  offered  the  following : 

Resolved,  That  no  person  shall  be  allowed  to  speak  longer 
than  fifteen  minutes  on  any  question  that  may  come  before 
the  Convention. 

Mr.  Fitzhugh  moved  to  lay  on  the  table; 

Which  was  lost. 

Mr.  Cunningham  moved  to  amend  by  inserting  "  thirty 
minutes,"  instead  of  "  fifteen." 

Mr.  McKee  moved  to  lay  amendment  on  the  table; 
Which  was  lost. 


77 


Mr.  Weir  moved  to  lay  the  whole  subject  on  the  table; 

Which  was  carried. 

Mr.  Chapman  offered  the  following: 

Resolved,  That  a  committee  of  five  be  appointed  by  the 
President  to  report  a  plan  for  publishing  the  proceedings  and 
debates  of  this  Convention; 

Which  was  lost. 

Mr.  Beam  offered  the  following ; 

Resolved,  That  each  member  of  this  Convention,  shall,  in  the 
formation  of  a  Constitution  for  the  State  of  Mississippi,  be 
entirely  devoted  to  the  interests  of  his  constituents,  and  be 
governed  by  the  power  conferred  upon  us  by  Congress  in  the 
Reconstruction  Acts  of  the  same. 

Which  was  carried. 

Mr.  Goss  offered  the  following: 

Resolved,  That  in  reference  to  the  swamp  and  overflowed 
lands  lying  and  situated  on  Pearl  river,  in  the  counties  of 
Simpson,  Copiah,  Lawrence,  Marion,  and  Hancock,  to  be  ap- 
propriated for  the  purpose  granted  by  the  Legislature  of  the 
State  of  Mississippi,  in  the  year  1852,  for  the  purposes  of 
reclaiming  and  draining  said  swamp  and  overflowed  land  by 
levying  or  removing  obstructions  from  said  river. 

Referred  to  the  committee  on  Internal  Improvements. 

Mr.  Goss  offered  the  following: 

Resolved,  That  all  marriage  licenses  heretofore  issued  by  any 
Probate  Clerk,  and  bonds  taken  in  such  cases,  and  marriages 
had  thereunder,  in  accordance  with  the  laws  of  the  State  exist- 
ing on  the  9th  day  of  January,  1861,  and  the  registration  of 
all  marriage  licenses,  bonds,  and  certificates  of  marriage,  be 
and  the  same  are  hereby  declared  valid  and  binding  and  in  full 
force  and  effect. 

Second,  That  all  deeds,  bonds,  and  mortgages,  acknowledg- 
ments, wills,  and  other  instruments  made,  taken,  proved,  regis- 
tered, certified,  and  authenticated  by  and  before  any  Probate 
Clerk  of  this  State,  or  any  other  officer,  pursuant  to  and  in 
accordance  with  the  laws  of  this  State  existing  on  the  9th  day 
of  January,  1861,  be  and  the  same  are  hereby  ratified  and  held 
valid,  binding,  and  in  full  force  and  effect. 

Third,  That  all  crimes  heretofore  committed  during  the 
rebellion,  and  not  yet  punished,  if  crimes  against  the  laws  of 
this  State  in  force  on  the  9th  of  January,  1861,  shall  remain 
crimes  and  be  proceeded  with  according  to  the  laws  of  this 
State  which  were  in  force  on  the  9th  of  January,  1861. 

Referred  to  committee  on  the  Judiciary. 

Mr.  Parsons,  of  Hinds,  offered  the  following: 

Resolved,  That  the  President  appoint  a  committee  of  five,  to 
examine  into  the  disposition  which  has  been  made  of  the 
various  appropriations  ordered  by  the  Legislatures  of  1865-66 
for  the  repair  of  public  buildings;  and  also  to  consider  the 
expedienc.y  of  abolishing  the  office  of  State  Architect  and 
Superintendent  of  Army  Records;  said  committee  to  have 
power  to  send  for  persons  and  papers. 

Referred  to  the  committee  on  Finance. 


78 


Mr.  Peyton,  of  Hinds,  offered  the  following: 
Besolved,  That  the  following  officers  shall  be  elected  by  the 
people  of  the  State  of  Mississippi: 
One  Governor; 
One  Lieutenant-Governor; 
One  Secretary  of  State; 
One  Auditor  of  Public  Accounts; 
One  Attorney  General ; 
One  Treasurer; 

One  Superintendent  of  Public  Schools: 
One  Chief  Justice  of  High  Court  of  Errors  and  Appeals  ; 
Two  Associate  Justices  of  the  High  Court  of  Errors  and 
Appeals; 

One  Major  General; 
One  Adjutant  General; 

Five  Brigadier  Generals  (one  in  each  Congressional  District) ; 
Five  Congressmen; 

Two  Senators,  to  be  chosen  by  the  Legislature  of  said  State. 
Referred  to  the  committee  on  Legislative  Department. 
Mr.  John  Elliott  offered  the  following: 

Whereas,  There  is  a  law  in  force  in  the  State  of  Missis- 
sippi, at  this  time,  exacting  a  heavy  per  capita  tax;  also  a  tax 
upon  dogs,  guns,  and  pistols;  and, 

Whereas,  This  tax,  when  added  to  the  county  assessment, 
renders  it  oppressive  to  the  poor  man  and  freedman;  there- 
fore, be  it 

Resolved,  That  the  committee  on  Legislative  Department  be 
instructed  to  consider  this  matter,  and,  by  a  Constitutional 
provision,  prohibit  such  legislation  in  the  future. 

Referred  to  the  committee  on  Legislative  Department. 

Mr.  Alderson  offered  the  following: 

Besolved,  That  the  President  appoint  another  assistant  to  the 
Secretary  of  this  Convention,  to  aid  him  in  the  discharge  of 
his  duties. 

Which  was  adopted. 

The  President,  upon  being  so  authorized,  appointed  Mr.  M. 
M.  Peyton,  of  Hinds,  as  an  Assistant  Secretary. 
Mr.  Merryman  offered  the  following: 

Whereas,  This  Convention  is  assembled  for  the  purpose  of 
framing  a  State  Constitution,  and  its  functions  are  clearly  set 
forth  in  the  Reconstruction  Acts;  therefore,  be  it 

Besolved,  That  this  Convention  entertain  no  proposition 
which  partakes  of  the  nature  of  legislation,  but  confine  their 
action  to  their  specific  duties. 

Which  was  laid  on  the  table. 

Mr.  Moore  offered  the  following: 

Whereas,  There  are  at  this  time  many  persons  known  as 
refugees,  some  as  former  slaves,  sold  and  taken  far  away  from 
friends  and  home,  and  now  without  the  means  necessary  to 
return  thereto  ;  therefore,  be  it 

Besolved,  That  a  committee  of  three  be  appointed  by  the 
President  to  confer  with  General  Gillem,  commanding  Fourth 


79 


Military  District,  and  request  that  he  furnish  such  persons  with 
the  necessary  means  to  reach  their  former  homes. 

A  motion  to  lay  on  the  table  was  lost. 

And  the  resolution  was  adopted. 

Mr.  Field,  of  Lowndes,  offered  the  following: 

Whereas.  This  Convention  has  been  elected  under  the  pro- 
visions of  the  Reconstruction  Acts  of  Congress,  with  a  view  to 
give  constitutional  civil  government  to  Mississippi;  there- 
fore, be  it 

HesolcecL  That  this  body  will  diligently  and  economically 
use  its  time  in  doing  the  work  assigned  it.  and  nothing  else. 

Resolved.  That  the  President  be  instructed  to  appoint  other 
persons  on  the  Standing  Committees  of  this  body,  unless  more 
diligence  in  the  performance  of  duty  is  manifested,  in  a  day  or 
two.  by  those  who  now  compose  them. 

Mr.  Castello  offered  the  following  amendment : 

That  each  member  does  agree  to  serve  on  any  committee 
when  the  Chairman  may  require  his  services. 

Mr.  Stiles  moved  to  lay  on  the  table; 

Which  was  lost. 

Mr.  Parsons  moved  to  lay  the  whole  subject  on  the  table  ; 
Which  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Bonney,  Bridges,  Brinson,  Cald- 
well, Castello,  Chapman.  Clarke,  Fitzhugh.  Gibbs,  Hauser, 
Holland,  Jacobs,  Johnson,  Lawson,  Myers,  Mygatt.  McKnight. 
Parsons  of  Adams,  Parsons  of  Flinds,  Peyton  of  Hinds,  Quinn. 
Stringer,  Stiles.  Toy.  Vaughan.  "Weir,  and  Yeoman — 28. 

Nats — Messrs.  Alcorn.  Beam,  Chappell.  Combash,  Cun- 
ningham. Daiton.  Dowd.  Drane,  Elliott  James.  Fawn,  Field. 
Gaither,  Goss,  Handy.  Hutto.  Leonard.  Mayson,  Musgrove, 
Montgomery.  Miles,  Morgan.  McKee,  Neilson.  Neims,  iSewsom. 
Ozanne,  Phillips,  Powell,  Railsback,  Rainey,  Richardson,  Smith, 
Stewart,  Stites,  Stricklin.  Townsend,  Walker.  Watson,  Warren, 
an  1  Woo&mansee — 40. 

Special  order  of  the  day  coming  up.  being  Ordinance  No.  1. 
Mr.  Stricklin  offered  the  following  amendment  to  section  1 : 

Amend  section  1,  by  striking  out  the  words  "  VicJcsburg 
Republican  and  JTeridian  Chronicle:'  in  the  third  and  fourth 
lines  of  said  Section. 

Mr.  Fitzhugh  moved  to  lay  the  amendment  on  the  table  : 
and  upon  the  yeas  and  nays  being  called,  the  amendment  was 
laid  on  the  table,  by  the  following  vote: 

Yeas — Alderson,  Bonney,  Bridges,  Brinson,  Caldwell,  Cas- 
tello, Chapman,  Chappell,  Clarke,  Combash.  Dowd,  Drane. 
Elliott  of  Itawamba.  Elliott  of  Monroe,  Fawn,  Fitzhugh,  Gibbs, 
Hauser.  Holland.  Hutto.  Jacobs,  Johnson,  Jones,  Lawson, 
Leas.  Leonard.  Mayson.  Musgrove,  Miles,  Moore.  Morgan, 
Myers,  Mygatt.  McKee.  McKnight,  Newsom,  Ozanne.  Parsons 
of  Hinds.  Parsons  of  Adams.  Peyton.  Powell.  Quinn.  Rails- 
baek.  Rainey.  Richardson,  Smith,  Stewart.  Stites.  Stringer. 
Stiles,  Toy,  Warren,  Weir,  Woodmansee.  and  Yeoman — 55. 

Nats — Messrs.  Alcorn.  Beam.  Daiton,  Gaither,  Goss,  Howe. 


so 


Montgomery,  Merryman,  McCutchen,  Neilson,  Kelms,  Phillips, 
S  to  vail,  Stricklin,  Townsend,  Vaughan,  Walker,  Watson — 18= 

Mr.  Stricklin  moved  to  amend  by  inserting  the  Clarion  after 
the  words  State  Journal,  in  the  fourth  line  of  section  one; 

Which  was  laid  on  the  table. 

Mr.  Morgan  moved  to  take  up  the  ordinance,  section  by  sec- 
tion ; 

Which  was  adopted. 

On  motion  of  Mr.  Fitzhugh,  section  one  was  adopted. 

Mr.  Castello  moved  to  amend  section  2,  fourth  line,  by  strik- 
ing out  all  after  the  word  "  publication,"  and  insert,  "  such 
compensation  as  allowed  by  the  House  of  Representatives  of 
the  United  States;" 

Which  was  laid  on  the  table. 

Mr.  Parsons,  of  Adams,  moved  to  strike  out  the  word  "  fifty," 
in  the  second  section,  fourth  line,  and  insert  "  seventy-five;" 
Which  was  laid  on  the  table. 

Mr.  Gibbs  moved  to  insert  "  one  dollar  "  in  place  of  u  fifty 

cents;" 

Which  was  laid  on  the  table. 

Mr.  Townsend  moved   to   strike  out  all  after  the  word 
"  square,"  and  insert  "  of  sixteen  lines  brevier  type;" 
Which  was  laid  on  the  table. 

Mr.  Gibbs  moved  to  substitute  the  words,  "  at  the  rate 
allowed  for  official  advertisements  by  the  State  of  Mississippi;" 
Which  was  laid  on  the  table. 

Mr.  Clarke  moved  the  adoption  of  section  2  as  it  reads  in  the 
original. 

Mr.  Woodmansee  moved  to  strike  out  "  one  hundred,"  and 
insert  "  two  hundred,"  in  the  second  line  of  section  3; 
Which  was  laid  on  the  table. 

The  question  recurring  on  the  adoption  of  section  3,  it  was 
adopted. 

Mr.  Morgan  moved  that  section  4  be  referred  to  the  commit • 
tee  on  Finance. 

Mr.  Stiles  moved  to  lay  the  motion  of  Mr.  Morgan  on  the 
table; 

Which  was  lost. 

The   question  recurring  on  reference  of  section  4,  it  was 
referred  to  the  Finance  Committee. 
Mr.  S.  Johnson  offered  the  following : 

Whereas,  The  present  exorbitant  exemptions  of  property 
from  execution  has  worked  most  disastrously  to  all  classes  of 
the  country,  and  particularly  the  poor  laboring  classes  who 
work  faithfully  on  the  planter's  farm,  in  good  faith,  that  he 
will  receive  his  wages  at  the  end  of  the  year,  yet  if  the  em- 
ployer proves  a  dishonest  man,  he  can  go  behind  the  present 
exemptions  and  bid  defiance  to  the  laborer;  and 

Whereas,  It  is  a  known  fact  that  very  man}"  poor  men  call' 
not  command  necessary  medical  attention  for  themselves  and 
families  when  sick  in  consequence  of  the  existing  exemption 
law;  therefore,  be  it 


s: 


Resolved,  Tiiat  from  and  after  the  adoption  of  the  Constitu- 
tion submitted  by  this  Convention,  there  shall  be  no  pro- 
perty exempted  from  execution  for  a  man's  debts,  except  the 
wearing  apparel  of  the  debtor  and  his  family,  except  property 
that  the  debtor's  wife  may  have  inherited,  and  that  shall  not  be 
exempted  for  her  debts. 

Resolved  f  urther,  .That  this  ordinance  shall  apply  only  to 
debts  contracted  after  the  adoption  of  the  Constitution  sub- 
mitted by  this  Convention. 

Referred  to  committee  on  Legislative  Department. 

Mr.  Johnson  offered  the  following: 

Whereas,  A  large  amount  of  the  indebtedness  of  Mississippi 
that  existed  previous  to  May,  1865,  was  incurred  by  a  class  of 
honest,  industrious,  but  poor  men,  to  enable  them  to  secure 
homes  for  themselves  and  families,  by  purchasing  land  of 
their  more  wealthy  neighbors,  and  executing  their  notes  at  long 
interest,  so  .  as  to  enable  them  to  clear  up  and  cultivate  the 
land,  and  thereby  make  the  monej^  to  pay  for  the  same,  and  it 
being  a  well  known  fact,  that  in  a  large  number  of  instances  the 
land  thus  sold,  and  the  money  due  therefor  and  unpaid,  justly 
belongs  to  minor  heirs  of  decedents,  and  to  annul  such  debts 
would  deprive  those  minor  heirs  of  the  necessary  means  to 
acquirethe  rudiments  of  the  most  common  education;  Further, 
That  it  would  be  a  species  of  ingratitude  towards  a  class  of  our 
citizens  who  have  manifested  a  generous  willingness  to  assist 
their  less  fortunate  neighbors  by  selling  them  land  on  long 
time,  and  in  consequence  of  unpropitious  seasons,  and  con- 
sequent failure  of  the  agriculturalist,  who  have  been  unable  to 
realize  more  than  barely  sufficient  to  defray  expense;  and. 
therefore,  could  make  no  payment  on  land,  and  whilst  the 
feeling  creditor  declined  entering  suit  and  wresting  the  land 
from  the  unfortunate  debtor,  and  thereby  blasting  all  his  hopes 
of  securing  a  home  in  fee  simple;  therefore,  be  it 

Resolved,  That  if  the  Convention  now  assembled  ordain  that 
all  debts  previous  to  May,  1865,  be  null  and  void,  or  if  it- 
ordain  that  no  debt  made  previous  to  1865,  shall  be  collected 
for  twenty  years,  that  all  such  debts  for  real  estate  be  excepted 
in  said  ordinance. 

Resolved  further,  Providing  such  debts  for  real  estate  be 
excepted  in  said  ordinance  annuling  all  debts,  then  if  such 
creditors  shall  sue  at  law  to  collect  debts  for  real  estate,  shall 
first  sell  the  land  that  created  the  debt,  and  should  it  bring- 
more  than  the  purchase  money  and  cost  of  suit,  the  overplus 
goes  to  the  debtor,  and  should  the  land  bring  but  a  tithe  oi" 
the  debt,  yet  it  shall  be  a  discharge  in  full  to  the  debtor  for  the 
purchase  of  such  land  sold. 

Referred  to  committee  on  General  Provisions. 

Mr.  Morgan  offered  the  following: 

Resolved,  That  the  report  of  the  committee  to  memorialize 
Congress  for  the  removal  of  State  officers  be  made  the  special 
order  for  to-morrow  at  11  o'clock,  a.  m.,  and  that  rule  thirty  be 
suspended  to  allow  of  this  being  done. 
C-6 


82 


Yeas  and  nays  called,  pending  which,  Convention  adjourned 
until  to-raorrow  morning  at  10  o'clock. 

T.  P.  Sears, 

Secretary. 


FOURTEENTH  DAY. 

Jackson,  Miss.,  Wednesday,  January  22d,  1868. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

The  roll  being  called,  the  following  delegates  answered  to 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam, 
Brin son,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Com- 
bash,  Compton,  Cunningham,  Dowd,  Drane,  Elliott  James, 
Elliott  John,  Fawn,  Field,  Fitzhugh,  Gibbs,  Goss,  Gray, 
Handy,  Hauser,  Herbert,  Holland,  Howe,  Hutto,  Jacobs,  Jami- 
son, Johnson,  Lack,  Lawson,  Leas,  Leonard,  Maj^son,  Mask, 
Musgrove,  Miles,  Merryman,  Moore,  Morgan,  Myers,  Mygatt, 
McKee,  Nelms,  Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  R., 
Peyton  E.  A.,  Powell,  Railsback,  Rainey,  Richardson,  Stewart, 
Stites,  Stricklin,  Stringer,  Townsend,  Toy,  Walker,  Watson, 
Warren,  Williams,  Woodmansee,  Yeoman — 69. 

The  Journal  of  yesterday  was  read. 

Mr.  Orr,  of  Harrison,  offered  the  following : 

Resolved,  That  that  portion  of  the  Journal  of  this  Conven- 
tion of  January  21,  1868,  wherein  the  report  of  the  committee 
on  Ordinance  and  Schedule,  appears  as  the  order  of  the  day 
for  said  day,  be  corrected  by  striking  out  the  words  "  order  of 
the  day." 

On  motion  of  Mr.  Compton,  it  was  laid  on  the  table. 
Mr.  Clarke  moved  a  suspension  of  the  rules  so  as  to  allow  the 
reports  of  standing  committees  to  be  presented. 
The  rules  were  suspended. 

The  chairman  of  the  Committee  on  Legislative  Department 
reported  progress. 

The  chairman  of  the  committee  on  Ordinance  and  Schedule 
reported  progress. 

The  chairman  of  the  committee  on  Printing,  Mr.  Orr, 
reported  progress,  and  respectfully  stated  that  the  committee 
would  report  fully  to-morrow. 

The  following  report  was  submitted  by  the  chairman  of  the 
committee  on  Finance: 

To  the  Hon,  President  and  Members  of  the  Constitutional  Con- 
vention of  Mississippi. 

Your  Finance  Committee,  to  whom  was  referred  section  4  of 


S3 


an  ordinance  entitled  an  ordinance  in  reference  to  the  publica- 
tion of  the  proceedings  of  this  Convention,  would  respectfully 
report  and  recommend  that  said  section  he  stricken  from  said 
ordinance. 

Yours,  respectfully, 

F.  Parsons, 

Chairman. 

On  motion  of  Mr.  Musgrove.  the  report  was  received  and 
adopted. 

The  chairman  of  the  committee  on  Public  Education  reported 
progress. 

Mr.  Mygatt.  chairman,  submitted  a  report  from  the  commit- 
tee on  Bill  of  Rights,  which  reads  as  follows : 

PREAMBLE. 

TTe.  the  people  of  the  State  of  Mississippi,  in  Convention 
assembled,  acknowledging  the  existence  of  a  Supreme  Being, 
and  believing  that  His  overruling  Providence  has  wrought  out 
those  mighty  changes  through  which  we  have  passed,  wherby 
freedom,  civil  and  political  rights,  have  been  given  to  a  race  in 
our  midst,  who  were  lately  in  bondage,  and  believing  that  this 
great  revolution,  involving  the  whole  structure  of  society  and 
government,  necessitates  an  organic  change,  and  the  forma- 
tion of  a  Constitution  adapted  to  this  new  order  of  events,  do 
ordain  as  follows,  viz  : 

BILL  OF  EIGHTS. 

Article  1. 

Section  1.  No  person  shall  be  deprived  of  life,  liberty,  or 
property,  except  by  due  process  of  law. 

Sec.  2.  The  writ  of  habeas  corpus  shall  only  be  suspended 
in  case  of  invasion  or  rebellion. 

Sec.  3.  There  shall  be  perfect  freedom  of  religious  senti- 
ments, nor  shall  any  person's  religious  opinions  prevent  his 
sitting  on  juries,  becoming  a  witness,  or  holding  any  office  of 
honor,  profit  or  trust. 

Sec  4.  Freedom  of  speech  and  the  press  shall  be  held  sacred, 
but  for  its  abuse,  both  in  speaking  and  writing,  any  person 
shall  be  held  responsible  in  law. 

Sec  5.  Life  or  liberty  shall  not  be  jeopardized  by  a  second 
trial  for  the  same  offense. 

Sec  6.  The  right  of  the  people  to  petition  government  on 
any  subject,  or  peaceably  to  assemble,  shall  never  be  impaired. 

Sec  7.  There  shall  be  no  forfeiture  of  estate  on  account  of 
conviction*  for  crime. 

Sec  S.  All  persons  charged  with  crime  may  demand  a  speedv 
trial,  a  copy  of  the  accusation,  counsel  for  defense,  and  com- 
pulsory power  to  send  for  witnesses  and  papers. 

Sec  9.  In  case  of  arrest,  excessive  bail  shall  not  be  required, 


o4 


and  all  cases  of  crime  shall  be  made  bailable,  except  treason 
and  murder. 

Sec.  10.  There  shall  be  no  laws  impairing  the  obligation  of 
contracts  or  retroactive  laws. 

Sec.  11.  The  right  of  wa}^,  when  the  public  good  requires  it, 
for  roads  or  internal  improvements,  shall  be  granted  by  the 
owner  thereof,  and  he  shall  accept  the  award  of  three  commis- 
sioners, whose  appointment  shall  be  determined  by  law. 

Sec.  12.  There  shall  be  no  imprisonment  for  debt,  or  other- 
wise, except  as  a  punishment  for  crime. 

Sec.  13.  The  right  of  trial  by  jury  shall  be  inviolate. 

Sec.  14.  All  persons  for  injuries  suffered  in  person,  reputa- 
tion, or  property,  shall  have  their  remedy  by  due  course  of 
law. 

Sec  15.  All  people  shall  be  secured  in  their  persons,  houses, 
papers,  and  possessions,  from  unreasonable  searches  and  sei- 
zures, and  no  warrant  shall  be  issued  without  a  special  designa- 
tion of  the  place  to  be  searched  and  the  person  or  thiDg  to  be 
seized. 

Sec.  16.  Every  person  shall  have  a  right  to  keep  and  bear 
arms  for  their  common  defense. 

Sec.  17.  No  tax  or  duty  shall  be  imposed  without  the  con- 
sent of  the  people,  or  their  representatives  in  the  Legislature. 

Sec.  18.  No  special  State  or  county  tax  shall  be  assessed  or 
levied  on  cotton. 

Sec.  19.  The  rights  of  married  women  shall  be  protected  by 
law,  for  property  owned  previous  to  marriage,  and  also,  for  all 
property  inherited  or  devised  since  their  marriage. 

Sec.  20.  A  well  regulated  militia  is  the  proper,  natural,  and 
sure  defense  of  a  State. 

Sec.  21.  The  Legislature,  at  its  first  session  under  the  new 
Constitution,  shall  pass  an  Act  to  establish  a  homestead  law 
and  exemption  laws,  not  to  exceed  fifteen  hundred  dollars  in 
real  and  personal  property. 

Sec.  22.  No  property  qualification  shall  be  required  for  hold- 
ing any  office  of  honor,  profit,  or  trust  in  this  State. 

Sec  23.  No  property  or  educational  qualification  shall  ever 
be  required  to  become  en  elector. 

Sec.  24.  No  person  elected  to  any  office  of  honor,  profit,  or 
trust,  shall  be  required  to  give  bond,  but  any  defalcation  shall 
be  a  Penitentiary  offense,  not  less  than  one  or  more  than  ten 
years,  according  to  the  judgment  of  the  court;  and  his  private 
property  shall  be  held  responsible. 

Sec  25.  No  slaveiy  or  involuntary  servitude,  no  system  of 
peonage,  and  no  binding  out  of  children  against  the  wishes  or 
will  of  their  parents  or  guardians,  or  any  other  person  having 
charge  thereof,  shall  ever  be  tolerated  in  this  State. 

Sec.  26.  There  shall  be  no  freehold  qualificatio#  to  become 
a  juror,  nor  any  distinction  of  race  or  color. 

Sec  27.  Ten  competent  jurymen  shall  decide  all  cases  in 
civil  practice,  but  in  all  criminal  cases,  there  must  be  a  unani- 
mous verdict  of  the  jury. 


85 


Sec.  28.  Xo  compensation  for  losses  growing  out  of  the 
emancipation  of  slaves,  shall  be  demanded,  nor  shall  any 
debts  be  collectable,  where  the  obligations  were  based  on  slave 
property. 

Sec.  29.  Xo  person's  life  shall  be  periled  by  the  practice  of 
duelling.  Any  person  who  shall  challenge  another  to  mortal 
combat,  shall,  for  that  offense,  be  confined  in  the  penitentiary, 
and  the  duration  thereof  shall  be  regulated  by  law.  All  persons 
engaged  in  a  duel,  whether  the  mortal  combat  takes  place  in 
this  State,  or  the  parties  go  into  any  other  State  for  said  pur- 
pose, shall,  if  possible,  be  arrested,  and  if  found  guilty,  be 
confined  in  the  penitentiary,  the  duration  thereof  to  be  regu- 
lated by  law,  Should  one  of  the  parties  fall  in  said  mortal 
combat,  the  survivor  shall  be  deemed  guilt}'  of  murder  in  the 
highest  degree,  and  as  such  shall  be  punished. 

Sec.  30.  The  death  penalty  shall  not  be  inflicted  for  any 
crime  known  to  our  laws;  but  in  lieu  thereof  the  criminal  shall 
be  confined  in  the  penitentiary  for  life,  or  not  less  than  twenty 
years,  as  the  court  may  decide. 

Sec.  31.  The  employee  shall  have  a  prefered  lien  on  the 
property  of  the  employer,  to  be  regulated  by  law  at  the  first 
Legislature  under  this  Constitution. 

Which,  on  motion  of  Mr.  Wier,  was  received,  and  two  hun- 
dred copies  ordered  to  be  printed,  and  the  report,  under  the 
rules,  made  the  order  of  the  24th  instant. 

The  chairman  of  special  committee  on  Destitution,  Mr.  Alder- 
son,  made  a  report,  which  is  as  follows : 

Mr.  President:  The  committee  appointed  to  inquire  into 
the  destitute  condition  of  a  portion  of  the  citizens  of  this  State, 
and  the  best  means  of  present  and  permanent  relief  to  the 
same,  report  as  follows,  to- wit : 

That  they  have  called  upon  the  delegates  to  this  Convention 
for  information  of  the  condition  of  the  citizens  of  their  respec- 
tive counties,  and  have  examined  their  reports  on  that  subject, 
and  find  that  there  exists,  at  this  time,  nearly  all  over  this 
State,  an  alarming  state  of  destitution  among  the  laboring 
classes,  and  to  some  extent  among  other  persons,  strangers  to 
labor  and  economy. 

From  a  careful  investigation  of  this  subject,  we  have  been 
induced  to  set  down  the  number  of  the  destitute  and  suffering 
persons  at  thirty  thousand.  This  we  regard  as  a  low  estimate 
for  the  suffering  and  destitute,  but  the  number  of  those  in 
straightened  and  needy  circumstances  may  safely  be  set  down 
at  not  less  than  forty  thousand.  We  find  but  eleven  counties 
free  from  distress  and  suffering,  and  in  nearly  all  the  rest  there 
is  more  or  less  destitution,  and  in  some  it  is  bordering  on 
actual  starvation. 

It  becomes  us  in  the  discharge  of  our  duty  to  point  out  some 
present  mode  of  relief  for  this  truly  alarming  condition  of 
the  destitute  citizens  of  this  State.  This  is  by  no  means  an 
easy  task,  and  has  caused  us  much  serious  thought  and  reflec- 
tion.   But  after  listening  to  many  suggestions  from  different 


86 


persons,  in  and  out  of  this  Convention,  we  have  thought  best 
to  recommend  the  following  plan  of  present  relief  as  the  best 
we  can  devise,  to-wit:  That  the  Sheriffs  of  the  several  coun- 
ties in  this  State  be  authorized  by  this  Convention  to  hold, 
subject  to  the  orders  of  the  Boards  of  Police,  and  the  retained 
Registrars  of  the  said  several  counties,  the  poll-tax  collected  or  to 
be  collecled,  in  their  said  counties,  to  be  applied  by  said  Boards 
and  Registrars,  acting  together  in  said  matter,  in  such  manner 
as  they  or  a  majority  of  said  Board,  together  with  said  Regis- 
trars shall  direct,  requiring  persons  thus  relieved  to  work  on 
the  public  roads,  or  some  other  public  works,  of  said  counties, 
simply  supplying  said  destitute  persons  with  sufficient  food  and 
clothing  necessary  to  keep  them  warm,  and  this  to  be  continued 
only  till  they  can  get  employment  and  wages  elsewhere,  suffi- 
cient to  keep  them  from  starvation ;  and  that  a  strict  account 
be  kept  by  said  Registrars  of  all  the  money  expended  by  said 
Board  and  Registrars  as  aforesaid,  and  the  said  Registrars  be 
required  to  direct  the  labor  of  said  indigent  and  destitute  per- 
sons, and  report  to  the  respective  Boards  of  Police  at  least 
once  in  two  weeks,  of  the  number  and  condition  of  those  em- 
ployed, and  to  receive  such  compensation  as  the  Boards  of 
Police  may  direct,  not  to  exceed  four  dollars  a  day. 

By  this  means,  the  roads  of  the  different  counties,  that  are 
now  in  a  very  bad  condition,  and  many  of  them  almost  impas- 
sible, might  be  put  in  good  order,  at  a  very  little  expense, 
resulting  in  a  great  benefit  to  the  traveling  public,  and  to  the 
destitute  and  starving  individuals. 

And  for  a  permanent  relief  to  this  class  of  persons,  and  to 
the  country  at  large,  we  would  respectfully  recommend  that  this 
Convention  adopt  the  plan  laid  down  by  the  chairman  of  this 
committee,  in  a  letter  by  him  to  Gen.  Henderson,  of  the  United 
States  Senate,  dated  December  25,  1867,  and  that  said  letter  be 
immediately  forwarded  to  the  said  Henderson,  and  thrt  he 
be  requested  to  lay  the  same  before  Congress,  and  urge  them 
to  carry  into  effect  the  plan  of  relief  therein  proposed. 

And  for  this  purpose  your  committee  offer  the  following 
resoluton,  to-wit: 

Besolved,  That  the  said  letter  written  by  the  chairman  of 
this  committee,  to  Gen.  Henderson,  of  the  United  States  Senate, 
dated  December  25,  1867,  be  endorsed  by  the  President  of  this 
Convention,  and  immediately  forwarded  by  the  Secretarj^  to 
the  said  Henderson,  and  that  he  be  requested  to  lay  the  same 
before  Congress,  and  urge  the  adoption  of  that,  or  a  similar 
plan,  as  the  only  hope  of  a  permanent  relief  to  this  large  dis- 
organized element  of  a  landless  and  homeless  mass  of  wander- 
ing and  destitute  sufferers. 

A.  Alderson, 

Chairman. 

On  motien  of  Mr.  Hauser,  the  report  was  received,  and  200 
copies  ordered  to  be  printed. 

The  special  committee  to  investigate  charges  against  Mr.  W- 
T.  Stricklin,  of  Tippah,  submited  the  following  report : 


87 


Mr.  President:  Your  committee,  appointed  to  inquire  into 
charges  against  Mr.  W.  T.  Stricklin,  received  from  Headquar- 
ters of  the  Fourth  Military  District,  would  make  the  following 
report:  Inasmuch  as  the  charges  are  from  an  anonymous 
source,  with  no  date  or  no  place,  we,  therefore,  recommend 
that  the  Secretary  be  instructed  to  return  the  communication 
to  Headquarters  Fourth  Military  District,  with  the  endorse- 
ment that  the  charges  cannot  be  entertained  by  this  Conven- 
tion, inasmuch  as  they  are  contained  in  an  anonymous  letter. 
Respectfully  submitted, 

John  Fawn, 
Chairman. 

Report  received. 

Mr.  Morgan,  chairman  of  the  committee  on  Relief,  sub- 
mitted the  following  report: 

The  committee  on  Relief  ask  leave  to  report  the  following 
resolution : 

Resolved,  That  the  Commanding  General  of  this  District  be 
requested  to  forthwith  suspend  the  collection  of  all  taxes 
assessed  for  1867,  on  each  and  every  poll  not  allowed  represen- 
tation at  the  time  said  assessment  was  made;  and,  be  it 

Resolved,  further,  That  whenever  the  said  poll-tax,  whether 
for  State  or  county  purposes,  or  any  or  all  other  purposes,  if 
it  exceeds  $2  00  per  poll,  the  same  be  likewise  suspended;  and 
be  it 

Resolved,  further,  That  a  copy  of  this  resolution,  signed  by 
the  President  and  Secretary,  be  forwarded  to  the  G-eneral  Com- 
manding, without  delay. 

A.  T.  Morgan, 

Chairman. 

Report  received. 

Mr.  Barry,  chairman  of  the  committee  to  memorialize  Con- 
gress in  reference  to  delegating  to  this  Convention  certain 
authorit}^,  submitted  the  following  report : 

Mr.  President  :  The  committee,  to  whom  was  assigned  the 
duty  of  memorializing  Congress  to  grant  to  this  Convention 
the  power  to  declare  vacant  all  civil  offices  in  the  Provisional 
Government  of  Mississippi,  and  to  fill  the  same,  made  the 
following  report: 

To  the  Congress  of  the  United  States  : 

The  Constitutional  Convention,  elected  under  the  laws  of 
Congress,  for  the  reconstruction  of  civil  government  in  the 
State  of  Mississippi,  now  in  session  in  the  city  of  Jackson,  of 
said  State,  beg  leave  to  represent  to  your  honorable  bodies, 
that  the  loyal  people  of  this  State,  in  our  opinion,  require  your 
immediate  aid  to  remove  obstructions  impeding  the  action  of 
their  representatives  in  Convention  assembled. 

The  loyal  union  men  of  Mississippi  have  accepted,  in  good 
faith,  the  reconstruction  laws,  and  are  laboring  to  institute  a 
civil  government  that  shall  recognize  the  rights,  and  protect 


88 


the  liberties  of  the  citizen,  and  on  such  principles  as  shall  ren- 
der it  acceptable  to  the  National  Congress. 

The  reconstruction  laws  of  Congress,  nine  months  ago,  found 
the  State  under  a  civil  government,  so-called,  organized  in  1865, 
by  not  more  than  one-third  of  the  white  men  who  were  author- 
ized to  vote  by  the  President's  proclamation. 

They  found  this  government  administered  by  rebels — not  in 
name  merely,  but  really  such  in  heart,  in  head,  in  policy, 
indeed  in  all  respects  save  open  hostility. 

When  the  terms  of  reconstruction  were  announced  by  Con- 
gress in  the  early  part  of  last  year,  it  was  hoped  by  many  san- 
guine friends  of  the  Union  that  they  would  be  willingly 
accepted  by  the  great  mass  of  the  Southern  people.  Not  so, 
however,  has  been  the  result;  and  as  the  work  of  reconstruction 
advanced  there  was  gradually  developed  and  made  manifest — 
first,  dobut;  then  fear  or  apprehension;  then  opposition,  and 
lastly,  an  absolute  and  unmistakable  hostilit}\ 

During  this  transition  state  of  public  sentiment  from  doubt  to 
hostility,  it  may  be  imagined  what  proscription  and  abuse  the 
faithful  Union  loyalist  had  to  meet. 

All  this  he  has  borne  with  a  calm  defiance,  an  unfaltering 
devotion  to  country,  to  liberty  and  the  Union. 

And  now,  this  rebel  sentiment  has  culminated  on  the  floor 
of  the  Convention  itself,  by  a  member  in  a  report  to  this  body, 
averring  that  the  Convention  is  an  unauthorized  body,  called 
by  an  unconstitutional  law  of  Congress,  and  has  therefore,  no 
legal  or  binding  power  over  the  State  of  Mississippi,  in  com- 
pelling obedience  to  its  ordinances. 

In  addition  the  impediments  thrown  in  the  way  of  the  Con- 
vention by  this  popular  sentiment,  arising  from  the  broken 
fragments  of  secession  and  rebellion — which  may  very  safely 
be  permitted  to  drift  aloof  from  all  participation  in  reconstruc- 
tion— there  is  another,  and  a  much  more  formidable  power, 
productive  of  far  greater  embarrassment  to  reconstruction  than 
that  already  brought  to  view,  namely,  the  administrators  of  the 
provisional  government  of  the  State,  whose  terms  of  office  have 
expired. 

These  incumbents,  continued  in  office  by  the  forbearance  of 
Congress,  were  elected  by  only  a  portion  of  the  people,  in 
1865;  when,  if  any  Union  candidate  had  presented  his  claims 
for  office  to  the  voters  he  would  have  been  denounced  for  Ms 
folly  and  presumption. 

While  these  officials  have  neglected  to  protect  the  lives  and 
property  of  loyal  men,  they  have  used,  and  we  believe  will 
continue  to  abuse  the  power  their  positions  give  them  to 
prevent  the  growth  of  loyalty,  or  the  restoration  of  peace  and 
order.  At  least,  their  action  or  non-action,  may  result  greatly 
to  the  embarrassment  of  this  Convention,  in  its  work  of  recon- 
struction. 

We,  therefore,  in  the  name  and  in  the  behalf  of  the  loyal 
people  of  Mississippi;  in  the  name  of  justice,  liberty  and 
humanity,  do  most  earnestly  and  respectfully  petition  your 


89 


honorable  bodies  to  authorize  this  Convention  to  declare  all 
civil  offices  in  the  State  vacant,  and  to  nil  them  at  once  by  the 
appointment  of  true  and  loyal  men,  whom,  we  humbly  trust, 
and  confidently  believe,  will  greatly  add  to  the  success  of  the 
Congressional  plan  of  reconstruction. 

All  of  which  is  most  respectfully  and  deferentially  submit- 
ted to  the  consideration  of  your  honorable  bodies,  and  as  in 
duty  bound,  we  will  ever  pray,  etc. 

H.  W.  Barry, 

Chairman. 

Eeport  received. 

Mr.  Morgan  moved  to  suspend  the  rules,  so  as  to  permit 
action  at  once  upon  the  report. 

Mr.  Alcorn,  of  the  same  committee,  presented  a  minority 
report,  as  follows : 

Mr.  President:  The  undersigned,  representing  a  minority 
of  the  committee  appointed  to  memorialize  Congress,  asking 
for  this  Convention  authority  to  remove  all  civil  officers  of 
this  State,  and  to  appoint  others  in  their  places,  beg  leave  to 
present  the  following  report : 

That  as  Congress,  in  its  wisdom,  has  confided  the  State 
affairs  to  the  Military  Commander  of  this  District;  and  as  there 
is  a  bill  now  pending  before  Congress,  and  in  all  probability 
will  soon  pass,  giving  to  General  Grant  supervisory  powers 
over  all  the  Military  Districts,  thus  securing  a  more  just  and 
efficient  government,  not  only  to  this  State,  but  to  all  other 
Southern  States.  And  as  Congress  has  recently  voted  down,  or  de- 
feated without  a  vote,  a  resolution  introduced  by  Congressman 
Butler,  vacating  officers  and  empowering  conventions  to  fill  them; 
and  as  there  is  a  probability  that  there  will  speedily  be  a 
change  from  military  to  civil  government,  established  by  a  vote 
of  the  people,  therefore  it  is  deemed  inexpedient  to  memorial- 
ize Congress  on  the  subject. 

Respectfully  submitted. 

Robt.  J.  Alcorn, 

Of  the  minority. 
Mr.  Gibbs  moved  to  adopt  the  majority  report- 
Mr.  Castello  called  the  previous  question; 
Which  was  not  sustained,  hj  the  following  vote : 
Yeas — Messrs.  Alder  son,  Barry,  Bridges,  Brinson,  Caldwell, 
Castello,  Chapman,  Combash,  Cunningham,  Drane,  Elliott  Jas, 
Fitzhugh,  Gibbs,  Handy,  Herbert,  Holland,  Mayson,  Miles, 
Mygatt,  McKee,  McKnight,  Parsons  F.,  Parsons  J.  E.,  Pe}*ton 
E.  A.,  Quinn,  Stringer,  Toy,  Woodmansee,  and  Yeoman — 29. 

Nays — Messrs.  iUcorn,  Ballard,  Beam,  Bonney,  Chappell, 
Clarke,  Compton,  Dalton,  Dowd,  Elliott  John,  Fawn,  Field, 
Gaither,  Goss,  Gray,  Hauser,  Hemmingway,  Howe,  Hutto, 
Jacobs,  Johnson  A.,  Jones,  Lack,  Lawsou,  Leas,  Leonard, 
Musgrove,  Montgomeiy,  Merryman,  Moore,  McCutchen,  Neil- 
son,  Nelms,  Newsom,  Orr,  Ozanne,  Phillips,  Powell,  Railsbaek, 
Raine}%  Richardson,  Smith,  Stewart,  Stites,  Stovall,  Stricklin, 
Stiles,  Townsend,  V^alker,  Watson,  Weir,  and  Williams — 53. 


90 


Order  of  the  day  coming  up,  being  a  special  order  on  ordi- 
nance No.  3,  on  duelling,  and  to  prohibit  the  practice  of  same. 

AN  ORDINANCE  TO  PROHIBIT    THE  PRACTICE  OF  DUELLING. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  31 is - 
sissippi,  in  Convention  assembled,  That  any  inhabitant  of  this 
State  who  shall  hereafter  be  engaged  in  a  duel,  either  as  prin- 
cipal or  accessory,  shall  forever  be  disqualified  as  an  elector 
from  holding  any  office  of  trust  or  profit  under  the  Constitu- 
tion and  laws  of  this  State;  and  any  one  offending  against  the 
said  ordinance,  shall  be  subject  to  the  pains  and  penalties  of 
perjury. 

The  Legislature  ma}'  pass  such  laws,  and  prescribe  such 
oaths,  as  they  may  deem  necessary,  and  may  require  all  offi- 
cers, before  they  enter  on  the  duties  of  their  respective  offices, 
to  take  and  subscribe  to  said  oath. 

On  motion  of  Mr.  Chappel,  it  was  referred  to  the  committee 
on  the  Bill  of  Rights. 

Mr.  Castello  offered  the  following: 

AN    ORDINANCE     PROVIDING     ADDITIONAL     QUALIFICATIONS  FOR 
VOTERS,  PREVENTING  FRAUDS  AT  ELECTIONS,  AND  FOR 
OTHER  PURPOSES. 

Be  it  ordained  by  the  people  of  the  State  of  3£ississippi,  in 
Convention  assembled,  as  follows,  to-wit : 

Section  1.  A  registry  of  electors  is  hereby  created  and 
established  in  each  county  in  the  State,  in  which  shall  be  kept 
a  record  of  all  persons  qualified  to  vote  under  this  Constitu- 
tion. 

Sec.  2.  The  Registrar  of  elections  in  his  county,  shall  have 
power,  and  it  shall  be  his  duty  to  examine,  under  oath,  all 
persons  who  make  application  to  have  their  names  registered 
(as  electors),  in  relation  to  their  qualifications  as  voters,  which, 
if  he  find  to  be  in  accordance  with  the  requirements  of  the 
Constitution,  ordinances  and  laws  of  the  State,  he  shall  issue 
his  certificate  of  registration,  duly  signed  and  sealed,  which, 
when  exhibited  to  the  judges  of  any  election,  shall  be  prima 
facie  evidence  of  the  right  of  the  person  in  whose  name  it  is 
issued,  to  vote  during  that  year. 

Sec.  3.  Each  Registrar  shall  use  a  seal,  bearing  upon  it  the 
legend  of  his  office. 

Sec.  4.  No  person  shall  vote  at  any  election  to  be  hereafter 
held  in  this  State,  or  in  pursuance  of  the  Constitution  and 
laws  thereof,  whether  State,  county,  township  or  municipal, 
unless  he  exhibit  to  the  judges  thereof  his  certificate  of  regis- 
tration for  the  current  year;  and  the  judges  of  elections  shall 
cause  the  number  of  each  voter's  certificate  to  be  entered  on 
the  poll-book,  opposite  his  name. 


91 


Sec.  5.  The  Governor  of  the  State  shall,  on  or  before  the 

 day  of   .  and  every  four  years  thereafter,  appoint 

said  Registrars  of  Election,  -who  shall  hold  their  offices  for 
four  years,  and  until  their  successors  are  duly  appointed  and 
qualified. 

Sec.  6.  The  oath  required  in  an  ordinance  entitled  an  ordi- 
nance defining  the  qualifications  of  voters  and  civil  officers  in 

this  State,  adopted  in  C      .:.v.on   A.  D.   .  to  he 

taken  by  electors  previous  to  voting,  shall  be  administered  by 
and  be  subscribed  to  before  said  Registrars;  and  in  addition 
thereto  the  following  oath  shall  be  taken  by  and  subscribed  to 
by  all  naturalized  citizens,  before  said  Registrars,  to-wit: 

•■I.  .  do  solemnly  swear  or  affirm,  as  the  case  may  be. 

that  I  have  not.  during  my  residence  within  the  United  States, 
or  any  of  the  territories  thereof,  in  any  manner  claimed  the 
protection  of  any  foreign  Prince.  Potentate,  State,  or  Sover- 
eignty, and  particularly  the  (here  insert  the  name  of  the  Prince. 
Potentate.  State,  or  Sovereignty  whereof  the  applicant  was  a 
subject):  so  help  me  God."' 

Sec.  7.  The  certificates  of  registration,  to  be  issued  as  above 
provided  for,  shall  be  in  numerical  order,  and  in  the  following 
form : 

certificate  of  registration. 

County  of  .  State  of  Mississippi./ 

Date  .  j 

This  is  to  certify  that  (name),  aged   years,  a  native  of 

 county,  residing  in  (ward  or  township),  has  registered 

his  name  in  pursuance  to  ordinance. 

(Signed)   . 

Registrar  of  Election. 

Sec.  S.  Each  County  Court,  at  its  county  seat,  shall  provide 
a  suitable  room  in  which  said  Registrar  shall  perform  his  duties, 
and  he  shall  be  supplied  by  said  court  with  the  necessary  furni- 
ture and  stationery. 

Sec.  9.  Each  Registrar,  before  entering  upon  the  performance 
of  his  duties,  shall  file  with  the  Clerk  of  his  County  Court,  an 
oath  that  he  will  support  the  Constitution  of  the  United  States 
and  of  the  State  of  Mississippi,  and  that  he  will  faithfully  and 
impartially  perforin  the  duties  of  his  office. 

Sec.  10.  He  shall  keep,  in  a  well  bound  book,  a  copy  of  each 
certificate  issued  by  him.  showing,  in  alphabetical  order,  the 
names  and  number  of  electors  registered  from  each  ward  or 
township. 

Sec.  11.  Each  Registrar,  before  entering  upon  his  duties, 
shall  give  bond  to  be  filed  with,  and  approved  by  the  County 
Court  of  his  count}',  in  the  penal  sum  of  two  thousand  dollars, 
with  good  and  sufficient  securities,  conditioned  for  the  faithful 
performance  of  his  duty.  Each  Registrar  shall  be  in  his  office 
from  9  o'clock  a.  m.,  till  4  o'clock  p.  bl,  every  working  day  in 
the  year,  and  if  necessary  he  may  employ  deputies. 


Sec.  12.  If  the  Eegistrar,  at  any  time,  fails  to  comply  with 
the  provisions  of  this  ordinance,  the  County  Court  of  his 
county  shall  notify  the  Governor  of  the  nature  of  his  delin- 
quency, whereupon  the  Governor  may  remove  said  Eegistrar 
and  appoint  another  for  the  remainder  of  the  term  ;  and  said 
County  Court  may  enter  suit  in  any  court  of  competent  juris- 
diction against  said  delinquent  Eegistrar  and  his  securities, 
and  recover  damages  to  the  amount  of  his  bond. 

Sec.  13.  Any  person  who  shall  make  false  representations  to 
any  Eegistrar  of  elections,  for  the  purpose  of  obtaining  a  cer- 
tificate of  registration,  upon  conviction  thereof  by  any  court 
of  competent  jurisdiction,  shall  be  adjudged  guilty  of  perjuiy, 
and  shall  be  punished  therefor  in  accordance  with  existing 
laws. 

Sec.  14.  The  Legislature  of  this  State  shall  provide  by  law 
for  the  payment  of  the  salaries  of  Registrars  of  electors, 
and  establish  the  amount  of  compensation  to  be  paid  said 
Registrars. 

Which,  on  motion,  was  referred  to  the  committee  on  Fran- 
chise. 

Mr.  Jamison  was  granted  leave  of  absence  for  one  week. 
Mr.  Mygatt  introduced  the  following: 

Besolved,  That  the  Chair  appoint  a  committee  of  five,  whose 
duty  it  shall  be  to  memorialize  Congress,  and  respectfully  ask 
that  honorable  body  to  confer  on  this  Convention  the  right  to 
remove  all  disabilities  from  a  class  of  persons  in  this  State 
whom  the  fourteenth  article  of  the  proposed  amendment  of  the 
Constitution,  and  by  the  registry  are  disfranchised,  and  yet 
whose  lo3ralty  and  assistance  in  reconstruction  justly  entitles 
thenrto  our  favorable  consideration. 

Mr.  Gibbs  moved  to  lay  on  the  table; 

Which  was  adopted. 

Mr.  Musgrove  called  up  ordinance  No.  1,  which  was  in  ref- 
erence to  the  reduction  of  taxes  in  the  several  counties,  of  this 
State. 

Mr.  Gibbs  moved  that  the  ordinance  be  passed  to  its  third 
reading; 

Which  was  adopted. 

Mr.  Fitzhugh  moved  to  adjourn; 

Which  was  lost. 

Mr.  Railsback  introduced  the  following: 

Resolved,  That  no  member  of  this  Convention  shall  be  per- 
mitted to  speak  over  fifteen  minutes  on  any  subject  without 
the  consent  of  the  Convention. 

Mr.  Gibbs  moved  to  lay  on  the  table; 

Which  was  lost. 

Mr.  McKee  called  tor  the  previous  question,  which  was  sus- 
tained ;  and  the  question  recurring  on  the  adoption  of  the 
resolution,  it  was  adopted. 

Mr.  Gibbs  moved  to  reconsider. 

No  immediate  action  was  had  upon  reconsidering  the  vote. 
Leave  of  absence  was  granted  to  the  following  named  dele- 


93 


gates  for  the  period  affixed  to  their  names :  Mr.  Lawson  five  days . 
Mr.  Mask  six  days:  Mr.  S.  Johnson  four  days. 

Mr.  Fitzhugh  moved  to  adjourn; 

Which  was  lost. 

Mr.  Cunningham  moved  to  lay  the  motion  to  reconsider  vote 
upon  passage  of  resolution  allowing  delegates  fifteen  minutes 
to  speak  upon  the  table; 

Which  was  adopted. 

A  motion  to  adjourn  was  lost, 

Mr.  Gribbs  offered  the  following: 

Resolved,  That  the  report  of  the  special  committee  to 
memorialize  Congress  to  give  authority  to  this  Convention  to 
remove  State  officers,  etc..  be  adopted,  signed  by  the  President 
and  Secretary,  of  this  Convention,  and  transmited  one  copy  to 
the  President  of  the  Senate,  and  one  to  the  Speaker  of  the 
House  of  Representatives  of  the  United  S rates. 

Mr.  Townsend  moved  to  amend  by  substituting  minority  re- 
port for  majority  report; 

Which  was  laid  on  the  table,  upon  a  call  of  the  yeas  and 
nays,  by  the  following  vote : 

Yeas — Messrs.  Alderson.  Barry.  Beam.  Bonney.  Bridges,  Brin- 
son,  Caldwell.  Chapman.  Chapped.  Clarke.  Cunningham.  Drane. 
Fitzhugh,  Gibbs.  Handy.  Hauser,  Herbert.  Jacobs.  Johnson. 
Jones,  Lack.  Lawson.  Leas.  Leonard.  Mayson,  Musgrove, 
Miles,  Moore,  Morgan.  Myers.  Mygatt,  McKee,  Newsom,  Orr, 
Ozanne,  Parsons  of  Adams.  Parsons  of  Hinds.  Peyton  of 
Hinds.  Powell,  Quinn,  Eailsback.  Rainey,  Richardson,  Smith, 
Stewart,  Stiles.  Stringer.  Stites.  Toy.  Warren,  Weir.  Williams, 
Woodmansee,  and  Yeoman— 54. 

Nays — Messrs.  Alcorn.  Compton,  Dalton,  Dowd,  Gaither, 
Gross,  Gray.  Hemmingway.  Howe.  Hutto.  Montgomery.  Merry- 
man.  McCutehen.  Neilson,  Xeims,  Phillips.  Strickiin,  Town- 
send,  Walker,  and  Watson — 20. 

The  hour  for  adjournment  having  arrived,  the  Convention 
adjourned  until  to-morrow  morning-,  at  10  o'clock. 

T.  Ps  Sears, 

Secretary , 


FIFTEENTH  DAT. 

Jackson,  Mis?..  Thursday.  January  23d.  156$, 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

The  roll  being  called,  the  following  delegates  answered  tc 
their  names : 

Mr.  President.  Messrs.  Alderson.  Alcorn.  Beam.  Bonney.  Brid- 
ges, Brinson,  Caldwell,  Castello,  Chappell,  Ciarke,  Combash, 


04 


Compton,  Cunningham,  Dalton,  Dowd,  Drane,  Elliott  John, 
Elliott  James,  Fawn,  Field,  Gaither,  Gibbs,  Gray,  Hand)-, 
Hauser,  Hemmingway,  Herbert,  Holland,  Howe,  Hutto,  Jacobs, 
Johnson  A.,  Jones,  Kerr,  Lack,  Leas,  Leonard,  Longmire, 
May  son,  Musgrove,  Montgomery,  Miles,  Merryman,  Morgan, 
Myers,  Mygatt,  McCutchen,  McKnight,  Neilson,  Nelms,  New- 
som,  Orr,  Parsons  of  Adams,  Parsons  of  Hinds,  Peyton  of 
Hinds,  Phillips,  Powell,  Quinn,  Railsback,  Rainejr,  Richard- 
son, Smith,  Stewart,  Stites,  Stovall,  Stricklin,  Townsend,  Toy, 
Watson,  Warren,  Weir,  Williams,  Woodmansee,  Yeoman — 74. 

Journal  of  yesterday  read  and  approved. 

Leave  of  absence  was  granted  Mr.  Stringer  for  two  days. 

Mr.  Gibbs  moved  a  suspension  of  the  rules  so  as  to  allow 
the  reports  of  standing  and  special  committees  to  be  presented. 

The  committee  on  Executive  Department  reported  progress. 

The  committee  on  General  Provisions  reported  progress. 

The  committee  on  Printing  submitted  the  following  report: 
To  the  President  and  Members  of  the  Convention: 

The  committee  on  Printing,  after  carefully  examining  and 
comparing  former  rates  and  contracts  for  such  work,  respect- 
fully ask  leave  to  recommend  that  the  following  rates  of  com- 
pensation be  allowed  the  official  printer  of  this  Convention,  viz: 

Section  1.  For  the  first  five  hundred  copies  of  the  Journal 
of  the  Convention  in  book  form,  printed  in  long  primer  type, 
the  pages  to  be  of  the  usual  size  of  such  work,  and  to  be  folded 
and  stitched  in  the  ordinary  style,  five  dollars  will  be  allowed 
for  each  page,  and  for  every  five  hundred  copies  after  the  first 
five  hundred,  three  dollars  per  page,  and  in  the  same  propor- 
tion for  fractions  of  five  hundred  copies. 

Sec.  2.  For  all  documents,  reports,  or  other  matter  than  the 
Journal  of  the  Convention,  printed  in  book  or  pamphlet  form, 
composed  in  long  primer,  the  pages  to  be  of  the  same  length 
and  breadth  as  the  Journal,  five  dollars  per  page  for  the  first 
two  hundred  copies,  and  for  every  additional  two  hundred 
copies,  three  dollars  per  page;  for  resolutions,  memorials, 
reports  of  committees,  printed  on  foolscap  or  similar  sized 
paper,  composed  in  long  primer  type,  thirty-six  ems  wide  and 
ninety-five  lines  in  length,  for  the  first  two  hundred  copies, 
eight  dollars  per  page,  and  for  each  additional  hundred  copies, 
four  dollars  per  page;  for  all  matter  marked  "official,"  and  pub- 
lished in  the  Official  Journal,  seventy-five  cents  per  square  of 
the  space  of  ten  agate  lines,  for  the  first  insertion,  and  twenty- 
five  cents  for  each  subsequent  insertion. 

Your  committee  would  suggest  that  this  estimate  is,  in  the 
main,  at  lower  rates  than  heretofore  allowed  for  a  similar 
work,  while  the  price  of  composition  and  the  cost  of  printing 
material  is  now  much  higher. 

Your  committee  would,  therefore,  most  respectfully  ask  that 
these  rates  be  allowed,  and  that  the  number  of  the  Journal 
ordered  in  book  or  pamphlet  form,  be  twenty- five  hundred 
copies. 

Sec.  3.  Your  committee  would  also  report  on  the  resolution 


2 


95 

offered  by  the  Hon.  N.  J.  Chappell,  relative  to  publishing,  in. 
pamphlet  form,  the  report  of  the  proceedings  of  the  Conven- 
tion, as  follows:  That  200  copies  of  the  official  Journal  of  this 
Convention,  be  published  daily,  in  pamphlet  form,  the  pages  to 
be  of  the  usual  size  of  such  work,  and  to  be  folded  and  stitched 
in  the  ordinary  style,  at  the  rate  of  five  dollars  per  page  for 
the  first  two  hundred  copies. 

Sec.  4.  That  the  official  Journal  of  this  Convention  be  pub- 
lished in  the  following  additional  newspapers :  the  Vicksburg 
Republican,  and  the  Meridian  Chronicle;  said  Journal  to  be 
taken  by  said  papers  from  the  official  report  as  published  in 
the  official  organ  of  this  Convention;  to  be  paid  for  at  the  same 
rates  allowed  the  official  printer,  at  which  rates  your  committee 
has  calculated  the  aggregate  sum,  will  be  but  comparatively 
small,  when  considered  in  connection  with  the  public  utility 
which  may  result  from  this  just  distribution  of  patronage. 

The  adoption,  by  the  Convention,  of  this  recommendation, 
is  of  great  importance  in  acquainting  the  people  of  the  whole 
State  with  the  acts  of  their  public  servants,  and  will  tend  ma- 
terially in  aiding  the  cause  of  reconstruction  of  the  loyal 
government  in  this  State,  founded  on  principles  of  true  repub- 
licanism; with  these  objects  in  view,  and  considering  the 
eminent  justice  of  the  measure,  your  committee  offer  the 
accompan}ring  resolutions  for  adoption : 

Resolved,  That  the  following  rates  of  compensation  be 
allowed  the  official  printer  of  this  Convention,  to-wit:  For  the 
first  five  hundred  copies  of  the  Journal  of  the  Convention  in 
book  form,  printed  in  long  primer  type,  the  pages  to  be  of  the 
usual  size  of  such  work,  and  to  be  folded  and  stitched  in  the 
ordinary  style,  at  five  dollars  per  page;  and  for  every  five  hun- 
dred copies  after  the  first  five  hundred,  three  dollars  per  page; 
and  in  the  same  proportion  for  fractions  of  five  hundred  copies, 
for  all  documents,  reports  or  other  matter  than  the  Journal  of 
this  Convention,  printed  in  book  or  pamphlet  form,  composed 
in  long  primer  type,  the  pages  to  be  of  the  same  length  and 
breadth  as  the  Journal,  at  five  dollars  per  page  for  the  first  200 
copies,  and  for  every  additional  200  copies,  three  dollars  per 
page;  for  the  resolutions,  reports,  memorials  of  committees, 
printed  on  foolscap  or  similar  sized  paper,  composed  in  long 
primer  type,  thirty-six  ems  wide  and  ninety-five  lines  in  length, 
for  the  first  200  copies,  $8  00  per  page,  and  for  each  additional 
100  copies,  $4  00  per  page;  for  all  matter  marked  "  official,"  and 
published  in  the  official  Journal,  seventy-five  cents  per  square, 
of  the  space  of  ten  agate  lines,  for  the  first  insertion,  and 
twenty-five  cents  for  each  subsequent  insertion. 

Resolved,  That  the  number  of  Journals  ordered  in  book 
form  be  five  hundred  copies. 

Resolved,  That  the  official  proceedings  be  published  in  the 
following  additional  papers,  viz :  Vicksburg  Republican,  and 
Meridian  Chronicle. 

Resolved,  That  two  hundred  copies  of  the  official  Journal 
of  this  Convention  be  published  daily  in  pamphlet  form  for  the 
use  of  the  members,  as  provided  for  in  this  report. 


06 


Besolved,  That  all  bills  of  the  official  printer  of  this  Con- 
vention be  audited  and  approved  by  the  committee  on  Printing, 
in  accordance  with  the  rates  fixed  by  the  Convention,  to  be 
paid  upon  the  warrants  of  the  Convention,  signed  by  the  Pres- 
ident and  countersigned  by  the  Secretary,  out  of  any  money 
not  otherwise  appropriated. 

Respectfully, 

Benj.  H.  Orr, 

Chairman. 
N.  J.  Chappell, 
Thos.  W.  Jones, 
D.  N.  Quinn, 
J.  A.  Moore, 

U.  OzANNE, 

¥ji.  B.  Gray, 

Committee. 

Report  received,  and  one  hundred  copies  ordered  printed. 
Mr.  Parsons,  of  Adams,  chairman  of  Finance  Committee, 
submitted  a  report,  which  is  as  follows : 

To  the  President  and  Members  of  the  Convention  : 

Your  Finance  Committee,  to  whom  was  referred  the  resolu- 
tion directing  said  committee  to  report  an  ordinance  reducing 
taxes  in  the  several  counties  for  the  year  1867,  would  respect- 
fully report  the  following  ordinance,  and  recommend  that  it  be 
put  upon  its  passage  as  soon  as  possible. 

Respectfully, 

F.  Parsons, 

Chairman. 

AN  ORDINANCE  REDUCING-  THE  TAXES   IN  THE   SEVERAL  COUNTIES 
FOR  THE  YEAR  1867. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of 
Mississippi,  in  Convention  assembled,  That  the  Police  Boards 
of  the  several  counties  in  this  State  shall  have  no  authority  or 
power  to  levy  or  collect  any  tax  for  general  or  special  count}' 
purposes,  further  than  to  the  amount  of  one  hundred  per  cent, 
upon  the  State  tax  for  any  one  year. 

Sec.  2.  Be  it  further  ordained,  That  this  ordinance  shall 
apply  to  the  assessment  made  at  the  recent  sessions  of  the 
Police  Boards  cf  the  several  counties,  being  the  assessment  for 
the  year  1867;  and  the  Sheriff's  of  the  several  counties  are 
hereby  enjoined  from  collecting  a  larger  amount  of  tax  for  any 
county  purpose  whatever  than  herein  specified.  They  are 
hereby  directed  to  amend  and  correct  their  several  assessment 
rolls,  so  as  to  correspond  with  this  ordinance. 

Sec  3.  Be  it  further  ordained,  That  any  law  or  part  of  law 
in  controversion  hereof  shall  be  null  and  void  from  and  after 
the  passage  of  this  ordinance. 


97 


Mr.  Gibbs  moved  to  suspend  the  rules  so  as  to  take  imme- 
diate action  on  the  report  ; 
"Which  was  adopted. 

Mr.  Gribbs  moved  that  the  report  be  received  ; 
Which  was  adopted. 

Mr.  Townsend  moved  to  lay  on  the  table  ; 
Which  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alcorn.  Ballard,  Beam.  Chapman.  Compton, 
Cunningham.  Dalton,  Dowd,  Elliott  John,  Elliott  James,  Field. 
Gaither,  Gray.  Hemmingway.  Howe.  Hurto.  Kerr.  Lack.  Long- 
mire,  Montgomery,  Merryman,  McCatchen,  Neilson,  Nelms. 
Nesbitt,  Orr.  Phillips.  Rainev.  Stricklin.  Townsend.  Vaughan, 
Walker.  Watson— 33. 

Nats — Messrs.  Alderson, "Bonney,  Bridges.  Brinson,  Caldwell 
Casteiio,  Chappell,  Clarke,  Drane,  Fawn.  Fitzhugh,  Gibbs. 
Handy.  Hauser,  Herbert,  Holland,  Jacobs,  Johnson  A.,  Jones. 
Leas,  Leonard.  Mayson,  Mnsgrove,  Miles,  Moore,  Morgan, 
Myers.  Mygatt,  McKee,  McKnight,  Newsom.  Ozanne.  Parsons 
of  Adnms,  Parsons  of  Hinds.  Peyton  of  Hinds,  Powell,  Quinn. 
Raiisback.  Richardson,  Smith.  Stewart,  Stiles.  Stites,  Stringer, 
Toy,  Warren,  Weir,  Woodmansee,  Yeoman — ±5. 

Mr.  Peyton,  of  Hinds,  moved  the  previous  question. 

Mr.  Watson  called  for  the  yeas  and  nays,  with  the  following 
result  : 

Yeas — Messrs.  Alderson.  Bonney,  Bridges,  Brinson.  Caldwell, 
Casteiio,  Clarke,  Cunningham.  Drane.  Fitzhugh.  Gibbs,  Handy. 
Hauser,  Herbert,  Holland,  Jacobs,  Johnson  A.,  Jones,  Leas. 
Leonard.  Mayson.  Miles.  Moore.  Morgan.  Mygatt.  McKee.  Mc- 
Xnight.  Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  R..  Peyton 
E.  A..  Powell.  Quinn.  Raiisback.  Richardson.  Smith.  Stewart. 
Stites.  Stringer.  Stiles.  Toy.  Warren.  Weir,  Woodmansee,  Yeo- 
man— ±6. 

Nays — Messrs.  Alcorn,  Ballard,  Chappell.  Compton,  Dalton. 
D  y.v-A.  Elliott  John.  Elliott  James,  Fawn,  Field.  Gaither,  Gray. 
Hemmingway.  Howe.  Hutto.  Kerr.  Lack.  Longmire.  Mnsgrove. 
M  jntgornery.  McCutchen.  Neilson.  Nelnis,  Nesbitt,  Orr,  Phil- 
lips. Rainev,  Stricklin,  Townsend,  Vaughan,  Walker,  Watson-32. 

The  previous  question  being  sustained,  Mr.  Casteiio  moved, 
the  adoption  of  the  ordinance ; 

Which  was  carried,  by  the  following  vote: 

Yeas — Messrs.  Alderson.  Bonney,  Bridges,  Brinson,  Cald- 
well, Casteiio,  Chappell,  Clarke.  Combash,  Cunningham,  Drane. 
Fawn.  Fitzhugh,  Gibbs,  Handy.  Hauser,  Herbert.  Holland, 
Jacobs.  Johnson  A.,  Jones.  Leas,  Leonard,  Mayson.  Mnsgrove. 
Moore,  Morgan,  Myers,  Mygatt,  McKee.  MeKnight.  Newsom, 
Orr.  Ozanne,  Parsons  of  Adams.  Parsons  of  Hinds,  Peyton,  of 
Hinds.  Quinn,  Raiisback,  Richardson.  Smith.  Stewart,  Stites. 
Stringer,  Stiles,  Toy.  Warren,  Weir.  Woodmansee.  Yeoman-50. 

Nays— Messrs.  Alcorn.  Ballard,  Beam,Chapman.  Compton.  Dal- 
ton. Dowd,  Elliott  John.  Elliott  James.  Field.  Gaither.  Gray, 
Hemingway.  Howe.  Hutto.  Kerr.  Lack.  Longmire,  Montgom- 
ery, Merryman,  McCatchen,  Neilson^  Nelms.  Nesbitt.  Philli  - 
C— 7 


98 


Eainey,  Stovall,  Stricklin,  Townsend,  Vaughan,  Walker,  Wat- 
son—32 

Mr.  Townsend  requested  that  Mr.  Field  be  allowed  permis- 
sion to  explain  his  vote; 
Which  was  granted. 

Mr.  Weir,  upon  motion  of  Mr.  Gibbs,  was  allowed  to  explain 
his  vote. 

Mr.  Neilson  requested  permission  for  Mr.  Herbert  to  explain 
his  vote. 

Mr.  Morgan  moved  that  the  subject  of  explanation  of  votes 
be  laid  on  the  table ; 
Which  was  adopted. 

The  committee  on  Militia  reported  progress ; 

Whereupon  the  regular  order  of  business  was  resumed. 

Mr.  Ozanne  offered  the  following  resolution : 

Resolved,  That  the  people  of  the  State  of  Mississippi,  irre- 
spective of  color,  have  a  right,  at  any  time,  to  assemble  in  an 
orderly  and  peaceable  manner  for  the  purpose  of  consulting 
one  another  upon  the  common  good  of  the  country,  and  to  in- 
struct their  representatives  by  way  of  petitions  or  remon- 
strances to  redress  the  wrongs  done  them,  or  grievances  they 
might  surfer. 

Which  was  referred  to  the  committee  on  Bill  of  Eights. 
Mr.  Stricklin  offered  the  following : 

Whereas,  It  is  apparent  that  the  four  Pages  of  this  Conven- 
tion are  unable  to  attend  to  the  wants  of  the  members;  there- 
fore, be  it 

Resolved,  That  the  President  appoint  an  additional  Page,  and 
others,  should  he  deem  it  necessary. 

Mr.  Field  moved  to  amend  by  substituting  the  word  "twenty" 
instead  of  "one." 

Mr.  Stricklin  moved  to  lay  the  amendment  on  the  table. 

Mr.  Clarke  moved  to  lay  the  whole  subject  on  the  table ; 

Which  was  carried. 

Mr.  Stricklin  offered  the  following : 

Resolved,  That  Eule  No.  30  shall  be  so  amended  that  it  shall 
read  as  follows : 

"As  soon  as  the  Journal  is  read  and  names  of  members  called, 
the  President  shall  ask  if  there  are  any  reports  of  committees 
to  be  presented.  The  reports  having  been  presented  and  dis- 
posed of,  the  President  shall  present  for  consideration  the  reso- 
lutions and  ordinances  on  his  table,  and  thereafter  the  intro- 
duction of  resolutions,  ordinances,  and  motions  shall  be  in 
order  until  the  President  shall  call  the  order  of  the  day,  which 
shall  always  be  taken  up  at  12  o'clock,  m." 

Which  was  adopted. 

Mr.  McKee  offered  the  following : 

Resolved,  That  no  resolution  or  ordinance  shall  be  intro- 
duced in  this  Convention  upon  any  subject  upon  which  there 
shall  be  a  standing  committee. 

Mr.  Castello  moved  to  lay  on  the  table;  which  was  carried. 

Mr.  Fitzhugh  offered  the  following: 


90 


Eesolved,  That  the  conmittee  on  Finance  be,  and  is  hereby 
empowered  to  inquire  into  the  disposition  of  all  funds  received 
by  the  State  Treasurer,  or  other  State  officers,  as  donations 
from  various  cities,  towns,  and  private  individuals,  in  the 
Northern  States,  for  the  relief  of  the  destitute  of  this  State. 

Mi*.  Compton  moved  to  lay  on  the  table; 

"Which  was  lost. 

Referred  to  committee  on  Finance. 

The  President  announced  the  committee  to  memorialize 
Congress  in  reference  to  the  Cotton  Tax,  as  follows : 

Messrs.  Leas',  Elliott  James,  and  Rainey. 

The  President  announced  the  committee  to  confer  with 
Gen.  Gillem,  in  reference  to  staying  executions,  as  follows: 

Messrs.  Stovall,  Dowd,  Railsback,  Johnson  A.,  and  Gibbs. 

The  President  also  announced  the  committee  of  three,  to 
confer  with  Gen.  Gillem,  in  reference  to  transportation  for 
refugees,  etc.,  as  follows: 

Messrs.  J.  A  Moore,  Fitzhugh,  and  Stringer. 

Unfinished  business  coming  up  for  consideration,  Mr.  Gibbs' 
resolution  of  yesterday,  in  reference  to  memorial  being  sent 
to  Congress,  as  reported  from  the  majority  of  Special  Commit- 
tee appointed  on  that  subject; 

Mr.  Morgan  moved  the  previous  question,  which  was  the 
adoption  of  Mr.  Gibbs'  resolution  to  forward  the  majority 
report  of  the  committee  submitted  by  Mr.  Barry,  on  yesterday, 
to  memorialize  Congress  in  reference  to  the  removal  of  State 
officers,  and  giving  to  this  Convention  the  right  to  act  in  the 
matter  (Mr.  Gibbs  moving  that  the  majority  report  be  for- 
warded to  the  President  of  the  U.  S.  Senate  and  Speaker  of  the 
House  of  Representatives ) . 

Mr.  Castello  called  for  the  yeas  and  nays,  on  the  call  for  the 
previous  question,  which  resulted  as  follows: 

Yeas — Messrs.  Alderson,  Bonney,  Bridges,  Brinson,  Cald- 
well, Castello,  Chapman,  Chappell,  Clarke,  Combash,  Cunning- 
ham, Drane,  Fawn,  Fitzhugh,  Gibbs,  Handy,  Hauser,  Holland, 
Jacobs,  Johnson  of  Warren,  Jones,  Leas,  Leonard,  Mayson, 
Musgrove,  Miles,  Moore,  Morgan,  Myers,  Mygatt,  McKee, 
McKnight,  Newsom,  Orr,  Ozanue,  Parsons  of  Adams,  Parsons 
of  Hinds,  Peyton  of  Hinds,  Powell,  Quinn,  Richardson,  Smith, 
Stewart,  Stiles,  Stringer,  Stites,  Toy,  Warren,  Weir,  Wood- 
mansee,  and  Yeoman — 51. 

Nays — Messrs.  Alcorn,  Compton,  Dalton,  Dowd,  Elliott 
John,  Elliott  James,  Field,  Gaither,  Grey,  Hemmingway, 
Herbert,  Howe,  Hutto,  Kerr,  Lack,  Longmire,  Montgomery, 
Merryman,  McCutchen,  Neilson,  Nelms,  Nesbitt,  Phillips, 
Railsback,  Rainey,  Stovall,  Townsend,  Vaughan,  Walker,  and 
Watson — 30. 

Mr.  Townsend  moved  to  adjourn; 
Which  was  lost. 

Mr.  Townsend  then  called  for  the  yeas  and  nays  on  the 
motion  to  adjourn. 

The  President  decided  it  as  being  out  of  order. 


100 


Mr  Townsend  appealed  from  the  decision  of  the  Chair,  and 
the  Chair  was  sustained. 

And  the  previous  question  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Bonney,  Bridges,  Brinson,  Caldwell, 
Castello,  Chapman,  Chappell,  Clarke,  Combash,  Cunningham, 
Drane,  Elliott  James,  Fawn,  Fitzhugh,  Gibbs,  Handy,  Hauser, 
Herbert,  Holland,  Jacobs,  Johnson,  Jones,  Leas,  Leonard,  May- 
son,  Musgrove,  Miles,  Moore,  Morgan,  Myers,  Mygatt,  McKee, 
McKnight,  Newsom,  Orr,  Ozanne,  Parsons  of  Adams,  Parsons 
of  Hinds,  Peyton  of  Hinds,  Powell,  Quinn,  Richardson,  Smith, 
Stewart,  Stites,  Stringer,  Stiles,  Townsend,  Toy,  Warren,  Weir, 
Woodmansee,  and  Yeoman — 54. 

Nays — Messrs.  Alcorn,  Ballard,  Beam,  Compton,  Dalton, 
Do  wd,  Elliott  John,  Field,  Gaither,  Gray,  Hemmingway,  Howe, 
Hutto,  Lack,  Longmire,  Montgomery,  Merryman,  McCutchen, 
Neilson,  Nelms,  Nesbitt,  Phillips,  Railsback,  Rainey,  Stovall, 
Vaughan,  Walker,  and  Watson  —  28. 

Mr.  Townsend  moved  to  reconsider. 

Mr.  Castello  moved  to  lay  the  motion  to  reconsider  on  the 
table. 

Mr.  Townsend  called  for  the  yeas  and  nays. 

The  Chair  decided  Mr.  Tomnsend's  call  out  of  order. 

Mr.  Townsend  appealed  from  the  decision  of  the  Chair,  and 
the  Chair  was  sustained,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Ballard,  Beam,  Bonney,  Bridges, 
Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Com- 
bash, Cunningham,  Drane,  Elliot  James,  Fawn,  Field,  Fitzhugh, 
Gibbs,  Handy,  Hauser,  Herbert,  Holland,  Jacobs,  Jones,  Lack, 
Leas,  Leonard,  Mayson,  Musgrove,  Miles,  Moore,  Morgan, 
Myers,  Mygatt,  McKee,  McKnight,  Newsom,  Orr,  Ozanne,  Par- 
sons of  Adams,  Parsons  of  Hinds,  Peyton  of  Hinds,  Quinn, 
Railsback,  Rainey,  Richardson,  Smith,  Stewart,  Stites,  Stovall? 
Stiles,  Toy,  Vaughan,  Warren,  Weir,  Williams,  Woodmansee, 
and  Yeoman — 59. 

Nays — Messrs.  Alcorn,  Compton,  Dalton,  Gaither,  Gray, 
Hemmingway,  Howe,  Kerr,  Montgomery,  Merryman, McCutchen, 
Neilson,  Nesbitt,  Phillips,  Townsend,  Walker,  and  Watson — 17. 

Special  order  No.  5  coming  up,  being  an  ordinance  in  regard 
to  the  State  assuming  the  debts  incurred  on  account  of  libera- 
tion of  slaves,  etc., 

Article  1  was  read  and  adopted. 

Article  2  was  read  and  adopted. 

Article  3  was  read  and  adopted. 

Mr.  Compton  moved  to  indefinitely  postpone. 

Mr.  Orr  moved  to  lay  Mr.  Compton' s  motion  on  the  table. 

And  on  that  motion  Mr.  Compton  called  for  the  y eas  and 
nays,  which  resulted  as  follows: 

Yeas — Messrs.  Alderson,  Bridges,  Brinson,  Caldwel,  Cas- 
tello, Chapman,  Clarke,  Cunningham,  Drane,  Elliot  James, 
Fawn,  Field,  Fitzhugh,  Gibbs,  Handy,  Hauser,  Herbert,  Hol- 
land, Howe,  Hutto,  Jacobs,  Jones,  Leas,  Leonard,  Mayson, 
Musgrove,  Montgomery,  Miles,  Moore,  Morgan,  Myers,  Mygatt, 


101 


McKee,  McKnight,  Neilson,  Newsom,  Or,  Ozanne,  Parsons  of 
Adams,  Parsons  of  Hinds,  Peyton  of  Hinds,  Powell,  Quinn, 
Railsback,  Rainey,  Richardson,  Smith,  Stewart,  Stites,  Town- 
send,  Toy,  Vaughan,  Weir,  Williams,  Woodmansee,  and  Yeo- 
man— 56. 

Nays — Messrs.  Alcorn,    Compton,  Dalton,  Gaither,  Graj7, 
Kerr,  Merryrnan,  Nelms,  Phillips,  Stovall,  Stricklin,  Watson,, 
and  Warren — -13. 

Mr.  McKee  moved  to  strike  out  the  words  "  since  the  year 
A.D.  1861;" 

Which  was  adopted. 

Question  recurring  on  article  3,  as  amended,  it  was  adopted. 

Mr.  Field  moved  to  strike  out  article  4. 

Mr.  Orr  moved  to  lay  Mr.  Field's  motion  on  the  table; 

Which  was  lost. 

Mr.  McKee  moved  to  amend. 

The  Chair  decided  Mr.  McKee  out  of  order. 

Mr.  McKee  appealed  from  the  decision  of  the  Chair,  and  the 
Chair  was  sustained. 

And  the  motion  of  Mr.  Field  was  adopted,  viz :  to  strike  out 
article  4,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Bonney, 
Brinson,  Caldwell,  Chapman,  Chappell,  Compton,  Cunningham, 
Dalton,  Dowd,  Drane,  Elliott  John,  Elliott  James,  Fawn,  Field, 
Fitzhugh,  Gaither,  Gray,  Handy,  Hauser,  Hemmingway,  Her- 
bert, Holland,  Howe,  Hutto,  Jones,  Kerr,  Lack,  Leas,  Leonard, 
Longmire,  Musgrove,  Montgomery,  Miles,  Merryman,  Moore, 
Morgan,  Mygatt,  McKee,  Neilson,  Nelms,  Newsom,  Parsons  of 
Adams,  Parsons  of  Hinds,  Peyton  of  Hinds,  Quinn,  Railsback, 
Rainey,  Richardson,  Stewart,  Stites,  Stovall,  Stricklin,  Vaughan, 
Walker,  Watson,  Warren,  Woodmansee,  and  Yeoman — 63. 

Nays — Messrs.  Bridges,  Castello,  Jacobs,  May  son,  McKnight, 
Orr,  Ozanne,  Smith,  Stiles,  Weir,  and  Williams — 11. 

And  the  ordinance  was  then  put  upon  its  third  reading,  and 
adopted  as  amended. 

Mr.  Clarke  moved  to  adjourn;  which  was  lost. 

Ordinance  No.  5,  coming  up  for  consideration,  and  by  its 
title,  was  passed  to  its  third  reading;  and  is  as  follows: 

An  Ordinance  providing  for  the  levying  and  collection  of  a 
tax  to  defray  the  expenses  of  this  Convention,  and  for  other 
purposes. 

On  motion  of  Mr.  Castello,  the  ordinance  was  put  upon  its 
third  reoding,  by  sections. 

Section  1  was  read  and  adopted. 
Section  2  was  read  and  adopted. 

Section  3  was  read,  and  upon  motion  of  Mr.  Townsend,  the 
words,  "  upon  each  jewelry  store,"  in  the  fifteenth  line,  were 
stricken  out. 

Upon  motion  of  Mr.  Alderson,  the  word  "  exclusively,"  in 
the  sixth  line,  was  stricken  out. 

Mr.  Gibbs  moved  after  "  for,"  in  sixth  line,  to  insert  "  sale 
or:"  which  was  adopted. 


102 


Mr.  Morgan  moved  to  strikeout  "and,"  in  fifth  line,  and 
insert  "or;" 

Which  was  adopted. 

And  section  3,  as  amended,  was  adopted. 

Section  4,  was  amended  by  striking  out  "  or,"  in  the  fifth  line. 

Mr.  Stricklin  moved  to  amend  by  inserting  after  the  word 
"house,"  in  ninth  line,  the  words  "except  railroad  eating 
houses;" 

Which  was  laid  on  the  table. 

And  the  4th  section,  as  amended,  was  adopted. 

Section  5  was  so  amended,  that  the  word  "  one,"  in  second 
line,  be  changed  to  "  two." 

Mr.  Stricklin  offered  the  following : 

After  the  word  "  liquors,"  in  the  sixth  line,  insert  "  and 
twenty-five  dollars  "  upon  each  patronizer  of  distilleries  in  this 
State,  directly  or  indirectly;" 

Which  was  laid  on  the  table. 

Mr.  Hauser  moved  to  add  "  public  sale,"  in  sixth  line,  after 
the  word  "  liquors;" 
Which  was  lost. 

Mr.  Weir  moved  to  add  "  for  sale,"  after  "  liquor,"  in  sixth 
line;" 

Which  was  laid  on  the  table. 
And  section  5  was  adopted,  as  amended. 
Mr.  Alderson  moved  that  when  the  Convention  adjourn,  it 
meet  at  3  o'clock,  p.  m;" 
Which  was  adopted. 

The  Convention  adjourned  to  meet  at  3  o'clock,  p.  m. 
AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Quorum  present. 

Mr.  McKee  moved  to  amend  section  6  as  follows : 
Be  it  further  ordained,  That  a  special  tax  of  $100  be  and 
the  same  is  hereby  levied  upon  each  and  every  bank,  banking 
establishment,  broker  or  dealer  in  money,  exchange,  bonds  or 
notes,  and  that  any  person  doing  business  in  the  streets,  high- 
ways or  other  places,  shall  be  considered  as  a  broker,  and  liable 
for  the  tax  as  provided  for  in  this  section. 

Which  was  adopted  as  a  substitute  for  section  6, 
Mr.  Stricklin  moved  to  insert,  after  the  word  "  an,"  in  sec- 
tion 7,  the  following  proviso: 

"  Provided,  That  this  section  shall  not  apply  to  this  Con- 
vention, which  is  known  to  be  a  general  generating  and  manu  - 
facturing gas  company ; 

Which  was  laid  on  the  table. 

Mr.  Field  moved  to  insert  "$50,"  instead  of  "$100"  in  sec- 
tion 7; 

Which  was  adopted. 

Section  7  was  adopted  as  amended. 


103 


Mr.  Field  moved  to  erase  section  8 ;  which  was  laid  on  the  table. 
And  the  section  was  adopted  as  read. 
Section  9  was  adopted. 
Section  10  was  adopted. 
Section  11  was  adopted. 

Mr.  Mygatt  moved  to  amend  section  12  by  striking  out 
"  Grand  Gulf  and  Port  Gibson  Railroad;" 
Which  was  lost. 

Mr.  Gibbs  moved  to  amend  by  striking  out  "  Bayou  Sara  . 
and  Woodville  Railroad,"  and  inserting  "West  Feliciana;" 
Which  was  adopted. 

Mr.  Fitzhugh  moved  to  insert  "#50,"  instead  of  "  $25,"  in 
the  twenty-fifth  line; 
Which  was  adopted. 

Section  12  was  further  amended  by  striking  out  all  after  the 
word  "  Mississippi,"  in  the  eleventh  line,  to  the  word  "  Missis- 
sippi "  inclusive,  in  the  fourteenth  line,  and  insert  the  words 
"  $50,  to  be  assessed  upon  the  Memphis  and  Charleston  Road, 
to  be  collected  at  Corinth,  Mississippi." 

Mr.  Mygatt  moved  to  insert  "  Vicksburg,"  for  "  Jackson,"  in 
the  eighth  line:  which  was  lost. 

Section  12  was  then  adopted  as  amended. 

Section  13  was  adopted. 

Section  14  was  adopted. 

Mr.  Morgan  moved  to  amend  section  15  by  substituting 
"charter,"  for  "other,"  in  the  ninth  line; 
Which  was  adopted. 

Section  15  was  then  adopted  ats  amended. 
Mr.  Chappell  moved  to  strike  out  section  16 ; 
Which  was  laid  on  the  table. 
Mr.  Castello  moved  to  adopt  section  16. 

The  yeas  and  nays  were  called,  and  the  section  was  then 
adopted  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Ronney,  Bridges,  Brinson,  Cald- 
well, Castello,  Chapman,  Combash,  Drane,  Field,  Fitzhugh. 
Gibbs,  Handy,  Hauser,  Herbert,  Hutto,  Johnson  S.,  Jones. 
Lack,  Leas,  Mayson,  Musgrove,  Moore,  Morgan,  Myers,  Orr, 
Ozanne,  Parsons  of  Adams,  Parsons  of  Hinds,  Peyton  of  Hinds, 
Powell,  Quinn,  I^ailshack,  Smith,  Stewart,  Stites,  StovalL 
Stricklin,  Toy,  Weir,  and  Williams — 41. 

Nats — Messrs.  Alcorn,  Chappell,  Clarke,  Compton,  Dalton, 
Dowd,  Elliott  James,  Fawn,  Gaitker,  Goss,  Gray,  Hemming- 
way,  Holland,  Howe,  Kerr,  Longmire,  Montgomery,  Merry 
man,  Mygatt,  McCutchen,  McKnight,  Neilson,  Nelms,  Nesbitt, 
Phillips,  Rainey,  Richardson,  Stiles,  Townsend,  Vaughan, 
Walker,  and  Warren — 32. 

Mr.  Clarke  moved  to  strike  out  ail  after  the  word  "Conven- 
tion" in  the  second  line,  to  "shall"  in  fourth  line  of  section  17: 

Which  was  laid  on  the  table. 

Mr.  Townsend  moved  to  insert  "  three"  in  sixteenth  line, 
instead  of  "  five." 

Which  was  laid  on  the  table. 


104 


Mr.  Stiles  moved  to  strike  out  the  words  after  "office'7  in  the 
tenth  line,  to  "  which"  in  the  twelfth  line,  and  insert  "  taken 
by  officers  and  members  of  this  Convention." 

Mr.  Hauser  moved  to  lay  on  the  table. 

The  yeas  and  nays  being  called  for,  resulted  as  follows : 

Yeas — Messrs.  Bridges,  Brinson,  Caldwell,Castello,  Chapman, 
Chappell,  Ha  user,  Herbert,  Holland,  Jones,  Leas,  Leonard, 
Mayson,  Musgrove,  Moore,  Morgan,  Mygatt,  McKnight,  Orr, 
Ozanne,  Parsons  of  Adams,  Parsons  of  Hinds,  Quinn,  Smith, 
Stewart,  and  Weir— 26. 

Nays — Messrs.  Alclerson,  Alcorn,  Ballard,  Beam,  Clarke, 
Combash,  Compton,  Dalton,  Dowd,  Drane,  Elliott  John,  Elliott 
James,  Fawn,  Field,  Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hem- 
mingway,  Howe,  Hutto,  Johnson  S,  Kerr,  Lack,  Longmire, 
Montgomery,  Miles,  Merryman,  Myers,  McCutchen,  Nelson, 
Nelms,  Nesbitt,  Peyton  of  Hinds,  Phillips,  Rainey,  Richardson, 
Stiles,  Stovall,  Stricklin,  Stites,  Townsend,  Toy,  Vaughan,  Wal- 
ker, Warner,  Williams,  and  Yeoman — 49. 

Mr.  Alderson  moved  to  reconsider  the  vote  to  lay  on  the 
table ; 

Which  was  carried. 

And  the  motion  to  adjourn  was  lost. 

The  yeas  and  nays  being  called  on  the  motion  to  lay  on  the 
table,  resulted  as  follows: 

Yeas— Messrs.  Alderson,  Bonney,  Bridges,  Brinson,  Caldwell, 
Castello,  Chapman,  Clarke,  Combash,  Drane,  Fawn,  Fitzhugh, 
Gibbs,  Handy,  Hauser,  Herbert,  Jones,  Leas,  Leonard,  Maj^son, 
Musgrove,  Miles,  Moore,  Morgan,  Myers,  Mygatt,  McKnight, 
Orr,  Ozanne,  Parsons  of  Adams,  Parson  of  Hinds,  Peyton, 
of  Hinds,  Powell,  Quinn,  Railsback,  Smith,  Stewart,  Stites,  Toy, 
Warren,  Weir,  Williams,  and  Yeoman- — 43. 

Nays— Messrs.  Beam,  Compton,  Dalton,  Dowd,  Elliott  James, 
Field,  Gaither,  Goss,  Grey,  Hemmingway,  Howe,  Hutto,  John- 
son S.,  Kerr,  Lack,  Montgomery,  Merryman,  McCutchen,  Neil- 
son,  Nelms,  Nesbitt,  Phillips,  Rainey,  Richardson,  Stovall, 
Stricklin,  Stiles,  and  Townsend — 28. 

And  the  Convention  adjourned  until  to-morrow  morning,  at 
10  o'clock. 

T.  P.  Sears, 

Secretary-* 


SIXTEENTH  DAY. 

Jackson,  Miss.,  Friday,  January  24th,  186S\ 

Convention  met  pursuant  to  adjournment. 
President  in  the  chair. 
Prayer  by  the  Chaplain, 


Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Messrs.  Alderson,  Ballard,  Bonney.  Bridges.  Brinson.  Cald- 
well, Castello,  Chapman.  Clarke.  Combash,  Compton,  'Conley. 
Cunningham.  Dalton,  Dowd,  Elliott  John.  Elliott  James.  Fawn. 
Field.  Fitzhugh.  Gibbs.  Goss.  Gray.  Hauser,  Hemmingw&y, 
Herbert,  Holland.  Howe.  Hutto.  Jacobs.  Johnson.  Jones.  Kerr. 
Leas.  Leonard,  Mayson.  Mash.  Mnsgrove,  Montgomery,  Meore. 
Morgan.  Myers,  My  gat  t.  McCutchen.  McKee.  McKnight..  Neil- 
son.  Nelms,  Nesbitt,  JSewsom,  Ozanne.  Parsons  F.,  Parsons  J, 
R.j  Peyton.  Phillips.  Powell.  Quinn.  Railsback.  Rainey,  Richard- 
son, Smith.  Stewart.  Stiles.  Stovall.  Strickiin.  Stites.  Toy. 
Taughan.  Warren.  Weir,  Williams.  Woodmansee,  and  Yeoman. 

Quorum  present. 

The  Journal  of  yesterday  was  read  and  approved. 

The  President  called  for  reports  from  standing  committees. 

Committee  on  General  Provisions  reported,  progress. 

Committee  on  Printing  reported  progress. 

Committee  on  Finance  reported  progress. 

Committee  on  Public  Education  reported  progress. 

The  reports  of  select  committees  being  called  for.  the  com- 
mittee appointed  to  investigate  Governor  Humphreys"  procla 
mation  in  reference  to  disturbances,  etc..  submitted  a  report. 

Mr.  McKee  moved  that  the  report  be  recommitted  to  the 
committee,  with  instructions  to  report  more  fully. 

And  on  that  motion,  the  yeas  and  nays  were  called,  with  the 
following  result: 

Yeas — Messrs.  Alderson.  Alcorn.  Bonney.  Bridges,  Castello. 
Chapman.  Clarke.  Drane,  Fawn.  Fitzhugh.  Gibbs.  Handy.  Hem- 
mingway,  Herbert,  Holland.  Jacobs.  Leas.  Leonard.  Musgr  ve. 
Miles.  Moore.  Morgan.  Mygatt.  McKee.  McKnight.  Newsom. 
Orr.  Ozanne.  Parsons  of  Adams.  Parsons  of  Hinds.  Richardson. 
Smith.  Quinn.  Stewart.  Stites.  Toy,  Warren.  Williams,  Wood- 
mansee. and  Yeoman — 40. 

Nays — Messrs.  Ballard.  Beam.  Brinson.  Caldwell.  Compton. 
Cunningham.  Conley.  Dalton.  Dowd.  Elliott  of  Itawamba. 
Elliott  of  Monroe,  Field.  Gaither.  Gray.  Howe.  Hutto.  Johnson 
S.,  Jones.  Kerr.  Longmire.  Mavson.  Montgomery.  Merryman. 
McCutchen,  Xeilson.  Xelms.  Nesbitt,  Peyton  of  Hinds.  Phillip-. 
Railsback,  Rainey.  Stovall,  Stiles.  Townsend,  Yaughan.  Walker, 
and  Watson — 37. 

And  the  committee's  report  was  referred  back  to  the  commit- 
tee for  reconsideration  and  action. 

Reports  of  committees  lying  over  being  under  consideration, 
the  committee's  report  in  reference  to  Mr.  Strickiin.  was 
adopted. 

Unfinished  business  of  yesterday  being  in  order,  which  was 
the  consideration  of  ordinance  in  reference  to  finance. 

Mr.  Clarke  moved  the  adoption  of  section  17.  as  presented  ; 
Which  was  carried. 
Section  IS  was  adopted. 

Mr.  Alderson  moved  a  reconsideration  ;   which  was  carrk 


106 


Mr.  Neilson  moved  to  amend  by  striking  out  "  five,  "  in  the 
fifth  line  and  inserting  "  thirty, "  and  striking  out  three,  in  the 
twenty-first  line,  and  inserting  "  thirty.  " 

Mr.  Morgan  moved  to  amend  "by  inserting  "  ten  "  instead  of 
"five,"  in  the  fifth  line. 

Mr.  Morgan  moved  to  lay  all  amendments  on  the  table ; 

Which  was  carried. 

And  section  18  was  then  adopted. 

Mr.  Morgan  moved  to  proceed  to  consider  the  balance  of  the 
ordinance  and  adopt  it  as  a  whole. 
Mr.  Clarke  moved  to  lay  the  motion  on  the  table  ; 
Which  was  carried. 
Section  19: 

Mr.  Townsend  moved  to  strike  out  after  the  word  "  paid"  in 
the  seventh  line  to  the  word  "provided"  in  the  seventeenth 

line ; 

Which  was  laid  on  the  table. 
Section  19  was  then  adopted. 

Section  20: 

Mr.  Field  offered  an  amendment,  as  follows  : 
To  insert  for  the  word  "treasurer"  the  word  "bank"  where 
it  occurs  in  the  section ; 

W hich  was  laid  on  the  table. 
Section  20  was  then  adopted. 
Section  21: 

Mr.  Parsons,  of  Adams,  moved  to  add  "  and  fourteen  "  after 
"  one  "  in  the  ninth  line  ; 
Which  was  adopted. 

Leave  of  absence  was  granted  to  Mr.  Stovall  for  one  week  ; 
to  Mr.  Howe  for  four  days ;  to  Mr.  Quinn  for  two  days ;  to 
Mr.  Johnson,  of  Warren,  for  ten  days. 

Section  21  was  then  adopted  as  amended. 

Section  22: 

Mr.  Howe  moved  to  amend  section  22  by  striking  out  from 
tenth  and  eleventh  lines  "  one  per  cent,  of  all  moneys  received 
and  disbursed  by  him ;  " 

Which  was  adopted. 

Mr.  Clarke  moved  further,  "  that  he  shall  file  a  bond,  with  the 
President  of  the  Convention,  for  the  faithful  performance  of 
his  duties,  in  the  sum  of  thirty  thousand  dollars. " 

Mr.  Hauser  moved  to  lay  the  motion  on  the  table  ; 

Which  was  lost,  and  the  original  motion  was  adopted. 

Mr.  Ozanne  offered  the  following  : 

After  the  word  "  Convention, "  in  the  third  line,  add  "  any 
member  of  this  Convention  can  be  elected  to  said  position  ; 
Provided,  That  he  will  not  receive  an}?-  compensation  for  such 
service." 

Pending  which,  the  Convention  adjourned  until  3  o'clock, 
p.  m.,  with  the  agreement  to  exclusively  devote  the  afternoon 
session  to  the  consideration  of  the  Finance  ordinance. 


107 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 

Mr.  Castello  moved  that  the  bond  of  the  Treasurer  shall  be 
ten  thousand  dollars,  to  be  approved  by  the  majority  of  the 
Convention. 

On  motion  of  Mr.  Townsend,  section  22  was  adopted  as  al- 
ready amended,  and  no  action  was  taken  on  the  amendments  of 
Mr.  Castello  and  Mr.  Ozanne. 

Mr.  Ozanne  moved  a  reconsideration  of  the  vote  on  the 
adoption  of  Section  22; 

Which  was  lost. 

Section  23  was  adopted  as  read. 

Section  24  was  adopted  as  read. 

Section  25: 

Mr.  Orr  moved  to  amend,  by  striking  out  all  after  "  Conven- 
tion," in  the  fifth  line; 

Which  was  laid  on  the  table. 

Mr.  Cunningham  moved  to  strikeout  "  disposed  of  by  the 
Convention  before  its  final  adjournment,"and  insert  after  "be" 
in  fourth  line,  "placed  on  deposit;" 

Which  was  lost. 

By  Mr.  McKee:  After  the  word  "be,"  in  the  fourth 
line,  insert  "invested  in  U.  S.  securities,  at  the  market  value, 
which  securities  shall  be  held  subject  to  the  order  of  the  next 
Legislature,  at  its  regular  meeting;  Provided,  If  this  Conven- 
tion shall  be  again  called  together,  in  that  case  the  securities 
shall  be  held  subject  to  order  of  the  Convention  ; 

Whith  was  adopted. 

And  section  25  was  adopted  as  amended. 
Section  26: 

By  Mr.  Neilson :  Amend  by  inserting  after  the  word  "  Con- 
vention," in  the  third  line,  "  shall  first  enter  into  bond,  with  ap- 
proved security,  each  Collector,  in  the  sum  of  $10,000,  and  the 
Treasurer  in  the  sum  of  $100,000;  the  Collectors'  bonds  to  be 
approved  by  the  Circuit  Clerk  of  each  county,  and  made  paya- 
ble to  the  Military  Commander  of  the  Fourth  Military  Dis- 
trict. The  Treasurer's  bond  in  the  penalty  of  $100,000,  paj-able 
as  above,  and  approved  by  the  President  of  this  Convention. 

Which  was  laid  on  the  table. 

Section  26  was  adopted  as  read. 

Section  27: 

Mr.  Phillips  moved  to  strike  out  all  after  the  word  "as- 
sessed," in  the  fifth  line  to  the  word  "for,"  in  the  seventh 
line;  and  to  conclude  "and  the  tax  receipts  issued  by  the 
Collectors  appointed  under  this  ordinance,  shall  be  receivable 
in  payment  of  the  tax  of  fifty  per  cent,  herein  levied." 

Which  was  laid  on  the  table. 

Mr.  Weir  moved  that  "  of,"  in  the  sixth  line,  be  stricken 
out,  and  "in"  inserted." 
Which  was  adopted. 


108 


Mr.  Neilson  moved  to  amend,  by  striking  out  "fifty"  and 
inserting   "two  hundred." 
Which  was  laid  on  the  table. 

Mr.  Cunningham  moved  to  strike  out  all  after  "1867"  in 
the  seventh  line,  and  insert  "  thirty "  for  "  fifty "  in  the 
second  line. 

Mr.  Compton  moved  to  lay  the  section  and  amendment  on 
the  table. 

Mr.  Fitzhugh  moved  to  add  after  the  word  "sent,"  in  the 
bird  line,  the  words  "to  pay  the  expenses  of  this  Conven- 
tion;" 

Which  was  lost. 

Mr.  Neilson  moved  to  amend  by  striking  out  "  50,"  in  the 
second  line,  and  inserting  "  150;" 
Which  was  laid  on  the  table. 
Mr.  Compton  moved  to  adjourn; 
Which  was  lost. 

Mr.  Castello  moved  to  lay  Mr.  Cunningham's  amendment  on 
the  table; 

Which  was  carried. 

Mr.  Morgan  moved  to  insert  "  33-J,"  in  the  second  line, 
instead  of  "50;" 
Which  was  adopted. 
Section  27  was  adopted,  as  amended. 
Section  28 : 

Mr.  Beam  moved  that  the  word  "  Sheriffs,"  be  stricken  out, 
and  the  word  "  Collectors"  inserted  in  the  fifth  line,  and  for 
the  words  in  the  eighth  line,  "  now  in  force  in  this  State," 
insert  "prescribed  by  this  Convention;" 

Which  was  laid  on  the  table. 

Mr.  Compton  moved  to  lay  section  28  on  the  table:  , 

Which  was  lost. 

And  section  28  was  adopted. 

Section  29  was  adopted. 

Section  30  was  adopted. 

Section  31  was  adopted. 

Section  32  was  adopted. 

Section  33  was  adopted. 

Sections  34,  35,  and  36,  offered  by  Mr.  Parsons  as  additional 
sections,  were  read  three  times  and  passed.  They  read  as 
follows : 

Section  34.  Be  it  further  ordained,  That  a  special  tax  of  ten 
dollars  be  and  the  same  is  hereby  levied  upon  each  and  every 
billiard  table  in  this  State  on  the  first  day  of  January,  1868. 

Sec.  35.  Be  it  further  ordained,  That  a  special  tax  of  twenty- 
five  dollars  be  and  the  same  is  hereby  levied  upon  every  pho- 
tograph gallery. 

Sec.  36.  Be  it  further  ordained,  That  a  special  tax  of  five 
dollars  be  and  the  same  is  hereby  levied  upon  each  and  every 
agency  of  each  insurance  company  doing  business  in  this  State. 

The  ordinance,  as  amended,  was  then  adopted  as  a  whole. 


109 


Mr.  Orr  moved  to  reconsider  the  vote  on  adoption  as  a 
whole. 

31  r.  Alderson  moved  to  lay  the  motion  to  reconsider  on  the 
table; 

Which  was  carried. 

The  Convention  adjourned  until  to-morrow  morning,  at  10 
o'clock. 

T.  P.  Sears. 

Secretary. 


SEVENTEENTH  DAY, 
Jackson.  Miss.,  Saturday,  January  25th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson.  Alcorn.  Ballard.  Beam, 
Bonney,  Bridges.  Brinson.  Caldwell.  Casteiio,  Chapman.  Clarke, 
Combash.  Compton.  Conley.  Dal  ton.  Dowd.  Drane.  Elliott. 
Fawn.  Field.  Gait  her.  Gibbs,  Goss.  Gray.  Handy.  Hauser,  Hem- 
mingway.  Herbert,  Holland.  Hutto.  Jacobs.  Johnson.  Lack, 
Leas,  Leonard.  Longmire.  Musgrove.  Miles.  Merryman.  Moore, 
Myers,  Mygatt,  McCutchen.  McKnight.  Nelms,  Nesbitt,  Orr. 
Ozanne,  Parsons  of  Hinds.  Peyton.  Phillips.  Powell.  Bailsback, 
Eainey,  Eichardson.  Smith,  Stewart,  Stiles.  Stites.  Toy. 
Va  ighan,  Walker.  Warren.  Weir.  Williams,  and  Yeoman — -67, 

The  following  members  were  absent: 

Messrs.  Barry,  Chappell,  Collins.  Elliott.  Fitzhngh.  Howe, 
Jamison,  Johnson  A..  Jones,  Kerr,  Lawson.  May  son.  Mask. 
Morgan,  McKee.  Neilson.  Newsom,  Parsons  Fred..  Peyton  E. 
G..  Quinn,  Stovall.  Stricklin,  Stringer,  Townsend,  Watson,  and 
W  oo  d  m  a  n  s  e  e — 26. 

Journal  of  yesterday  read  and  approved. 

Eeports  of  standing  committees  being  in  order,  the  commit- 
tee on  Printing,  through  its  chairman,  reported  progress. 

Resolutions  lying  over  being  next  in  order,  Mr.  Morgan's 
report  on  Belief  came  up. 

Mr.  Clarke  moved  its  adoption. 

Mr.  Gaither  offered  an  amendment,  which  is  as  follows: 
•■  That  all  poll-tax  for  the  year  1867  be  suspended;'" 
Which  was  laid  on  the  table. 

Mr.  Hauser  moved  to  recommit  to  the  committee,  with  in- 
structions to  report  again;  and  called  for  the  previous  qnesti :  i 
which  was  sustained:  and  the  report  was  recommitted. 


The  ordinance  in  reference  to  publishing  the  proceedings  in 
certain  newspapers  came  up  for  its  third  reading. 

Mr.  Orr  moved  to  substitute  the  report  of  the  committee  on 
Printing,  and  make  it  the  special  order  for  to-day  at  12  o'clock. 

Mr.  Gibbs  moved  to  lay  the  ordinance  and  substitute  on  the 
table,  and  that  it  betaken  up  to-day  at  12  o'clock; 

Which  was  carried. 

The  report  of  the  committee  on  Bill  of  Rights  being  next  in 
order,  it  was  read  a  first  time,  and  on  motion  it  lies  over  one 
day  for  a  second  reading. 

The  resolution  of  Mr.  Alderson,  chairman  of  the  committee 
on  Destitution,  being  called  for,  it  was  read  for  the  information 
of  the  Convention. 

Mr.  Clarke  moved  to  postpone  until  Tuesday  next  at  12 
o'clock; 

Which  was  carried. 

Mr.  Clarke  moved  to  suspend  the  rules  in  order  to  go  into 
the  election  of  Treasurer; 
Which  was  carried. 

Mr.  Cunningham  moved  that  the  President  appoint  two 
tellers,  and  that  the  Convention  proceed  to  elect  by  ballot; 
Which  was  adopted. 

Messrs.  Cunningham  and  Stiles  were  appointed  tellers. 
The  following  vote  was  cast:  $ 


For  Mr.  Parsons,  of  Adams   42  votes. 

For  Mr.  Stricklin                                                      1  " 

For  Mr.  Jamison  22  " 

For  Mr.  Myers                                                         1  " 

For  Mr.  Combash                                                   1  " 

For  Mr.  S.  Johnson                                                  1  " 

For  Mr.  Stites                                                         4  " 

For  Mr.  Mayson                                                       1  " 

Total  vote  cast  .    75 

Necessary  for  a  choice   38 


Mr.  Parsons,  of  Adams,  having  received  a  majority  of  all  the 
votes  cast,  was  declared  by  the  President  duly  elected  Treas- 
urer of  this  Convention. 

Mr.  Orr  moved  that  Mr.  Parsons  be  declared  unanimously 
elected  Treasurer  of  the  Convention; 

Which  was  adopted. 

Mr.  Castello  moved  to  suspend  the  rules  so  as  to  proceed  to 
the  election  of  Collectors,  where  delegates  were  ready  to  report 
the  names  of  suitable  persons  for  the  position  of  Collectors  in 
the  several  counties; 

Which  was  carried. 

The  following  named  persons  were  recommended  by  the 
delegates  as  Collectors  for  the  counties  as  stated  below : 


Ill 


Names  of  Persons  recommended 


Counties. 


Bv  whom. 


L.  D.  Allen. 
Eeuben  Fox 
J.  C.  Lucas ...... 

CoJ.  J.  R.  Webster 
J.  W,  Andrews 
Marius  Grunsberser 
W.  J.  Woddell 
Major  0.  J.  Smith 
John  Hamilton 
Joseph  Rogers 
C.  N.  Waterburj 

C.  H.  Weston 
J.  V.  Thomas 
E.  Dansby .  .  . 

D.  C.  Kearns 

A.  J.  Lee .... 
Capt,  A.  Stone 

B.  S.  Trice 
Dr.  Isaac  X.  Duncan 
B.  P.  Crabb 
Hubbard  Boggan 

B.  Gamble 
Carolinas  Bovd 
L.  B.  F.  Tick 
J.  S.  Paxton 
T.  V.  Smith 
S.  J.  Proctor 
R.  Gunn 
V.  Sheppard 
W.  Walker 
A.  D.  Carlvle 
W.  L.  Jarvis 
John  Hannay 
J.  J.  Cage .  .  . 

C.  C.  Lludson 


Wayne 
Warren  .... 
Washington 
Wilkinson  . 
Winston  .  .  . 


Delegation. 
C.  P.  Neilson. 
S.  C.  Conley. 
J.  Railsback. 
Delegation. 
.A.  S.  Dowd. 
Delegation. 
H.  Musgrove. 
E.  Handy. 
{Delegation. 
'C.  WT  Beam. 
Delegation. 
John  Elliott. 
WV  McKnight 
Delegation. 
J.  Hauser. 
J.  A.  Moore. 
Delegation. 
Delegation. 
H.  W.  Warren. 
Dr.  Compton. 
W.  A.  Hutto. 
E.  G.  Longmire 
Delegation. 
Delegation. 
P.  Bonney. 
Delega.ion. 
M.  H.  Lack. 
Delegation. 
T.Dalton. 
|Wm.  Yeoman. 
Delegation. 
[Delegation . 
Delegation. 
J.  Richardson. 


Mr.  Alderson  offered  the  following  resolution: 
Resolved,  That  no  delegate  or  delegates  recommending  a 
Collector  to  this  Convention  for  his  or  their  county,  shall 
receive  any  compensation  for  his  or  their  services  in  said  Con- 
vention until  a  sufficient  amount  of  money  be  collected  in  said 
county  to  pay  said  services;  Provided.  That,  on  investigation, 
it  be  found  that  said  Collector  is  an  incompetent  or  irrespon- 
sible person. 

Mr.  Castello  offered  the  following  amendment: 
Resolved.  That  the  delegates  of  this  Convention  be  paid  out 
of  the  money  collected  from  their  respective  counties. 
Which  was  laid  on  the  table. 

A  motion  to  lay  the  original  resolution  on  the  table,  was  lost. 
Mr.  Compton  offered  the  following  amendment : 


112 


Provided,  That  no  Collector  shall  be  appointed  for  any 
county,  unless  the  delegates  shall  recommend  the  one  so  ap- 
pointed. 

Which  was  carried. 

Mr.  Phillips  introduced  the  following: 

Resolved,  That  the  delegates  look  to  the  Board  of  Police  of 
their  respective  counties  for  their  pay. 
Which  was  laid  on  the  table. 

Previous  question  called,  and  the  resolution  of  Mr.  Alderson 
as  amended  was  adopted. 

Mr.  Orr  moved  to  elect  all  persons  recommended,  by  acclama- 
tion. 

Mr.  Fitzhugh  moved  to  lay  on  the  table; 
Which  was  adopted. 

The  yeas  and  nays  being  called  for  on  the  confirmation  of  the 
nomination  of  R.  Fox,  as  Collector  for  Amite  county,  resulted 
as  follows: 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Beam,  Bon- 
ney,  Caldwell,  Castello,  Clarke,  Combash,  Compton,  Conley, 
Cunningham,  Dalton,  Field,  Gaither,  Hemmingway,  Hutto, 
Johnson  $.,  Lack,  Leas,  Musgrove,  Montgomery,  Merryman, 
Mygatt,  McCutchen,  Neilson,  Nelms,  Nesbitt,  Newsom,  Orr? 
Ozanne,  Phillips,  Rainey,  Richardson,  Smith,  Stricklin,  Stiles, 
Townsend,  Vaughan,  Walker,  Weir,  Williams,  and  Wood- 
man see — 44. 

Nays — Messrs.  Bridges,  Brinson,  Chapman,  Dowd,  Drane, 
Elliott  John,  Fawn,  Fitzhugh,  Gibbs,  Goss,  Handy,  Hauser, 
Herbert,  Holland,  Jacobs,  Leonard,  Longmire,  Mayson,  Miles, 
Moore,  Morgan,  Myers,  McKnight,  Parsons  J.  R.,  Peyton  E.  A., 
Railsback,  Stewart,  Stites,  Toy,  Warren,  and  Yeoman — 31. 

All  of  the  nominations  by  the  respective  delegates  of  persons 
for  positions  as  Collector,  were  considered  by  the  Convention, 
and  the  samejelected.  except  Hubbard  Boggan,  of  Marshall, 
made  by  Mr.  Compton,  whose  nomination  was  rejected. 

Mr.  Townsend,  of  Marshall,  nominated  W.  L.  Jones,  of  Holly 
Springs. 

The  nomination  being  considered  by  the  Convention,  was 
confirmed. 

J.  E.  G.  Smith  was  appointed  by  the  President,  Clerk  for  the 
Military  and  Executive  Committees. 
Mr.  Castello  offered  the  following: 

Resolved,  That  there  be  five  thousand  copies  of  the  ordi- 
nance reducing  taxes  for  the  year  1867,  and  the  ordinance  pro- 
viding for  the  levy  and  collection  of  a  tax  to  defray  the 
expenses  of  this  Convention,  printed  in  pamphlet  form  for  the 
information  of  the  people. 

Which  was  adopted. 

Convention  adjourned  until  Monday  morning,  at  10  o'clock, 

T.  P.  Sears, 
Secretary, 

• 


113 


EIGHTEENTH  DAY. 

»  Jackson,  Miss.,  Monday,  January  27th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke,  Combash,  Conley,  Cunningham,  Dalton,  Dowd,  Dranc 
Elliott  John,  Elliott  James,  Fawn,  Field,  Fitzhugh,  Gaither, 
Gibbs,  Goss,  Gray,  Hancty,  Hauser,  Herbert,  Holland,  Hutto, 
Jacobs,  Johnson  S.,  Johnson  A.,  Lack,  Leas,  Leonard,  Long- 
mire,  Mayson,  Musgrove,  Montgomery,  Miles,  Merryman,  Mor- 
gan, Myers,  Mygatt,  McCutchen,  McKee,  MeKnight,  Nelms, 
Isesbitt,  Newsom,  Orr,  Ozanne,  Parsons  of  Hinds,  Parsons  of 
Adams,  Peyton  of  Hinds,  Phillips,  Powell,  Railsback,  Raine}r, 
Richardson,  Smith,  Stewart,  Stiles,  Stricklin,  Stringer,  Stites. 
Toy,  Townsend,  Vaughan,  Warren,  Weir,  Woodmansee,  and 
Yeoman — 76. 

The  following  delegates  were  absent: 

Messrs.  Brinson,  Collins,  Hemming  way,  Howe,  Jamison, 
Jones,  Kerr,  Lawson,  Mask,  Moore,  Nelms,  Peyton  of  Copiah, 
Quinn.  Stovall,  Walker,  Watson,  and  Williams — 17. 

Journal  of  Saturday  was  read  and  approved. 

Reports  of  standing  committees  being  in  order,  the  com- 
mittee on  Enrollment  made  the  following  report,  through  their 
chairman,  Mr.  Weir: 

To  the  President  and  Members  of  the  Constitutional  Conven- 
tion of  the  State  of  Mississippi: 

Your  committee  on  Enrollment  have  this  day  examined  ordi- 
nances one,  two,  and  three,  and  have  instructed  me  to  report 
that  they  find  them  correctly  enrolled. 

James  Weir, 
Chairman. 

Committee  on  Printing  reported  progress. 

Committee  on  Education  reported  progress. 

The  committee  on  Bill  of  Rights  reported  the  following  as 
additional  sections  to  their  original  report: 

Sec.  32.  The  first  Legislature,  at  the  first  session  thereof, 
shall  pass  such  laws  as  may  be  necessary  to  afford  uniform 
and  equal  relief  to  debtors*,  without  distinction  as  to  persons 
and  amount,  not  inconsistent  with  the  constitution  and  laws  of 
the  United  States. 

Sec  33.  The  right  to  peaceably  withdraw  from  the  Union, 
on  account  of  any  real  or  supposed  grievances,  shall  never  be 
assumed  by  this  State. 

Sec.  34.  The  first  session  of  the  next  Legislature  shall  estab- 

e-8 


114 


lisli  a  system  of  free  common  schools,  and  to  this  end  shall 
district  each  county,  and  make  provision  for  the  support  of 
schools  in  each  district. 

Sec.  35.  Whenever  a  vacant  lot  or  lots  are  wanted  to  erect 
suitable  buildings  for  schools,  titles  shall  be  given  by  the 
owner  or  owners  thereof,  and  he  or  they  shall  accept  the  award 
of  three  commissioners,  whose  appointment  shall  be  regulated 
by  law.  No  Legislature  shall  amend  or  evade  any  sectio-  in 
this  Bill  of  Rights. 

Report  received,  and  100  copies  ordered  to  be  printed. 

Mr.  Ozanne,  chairman  of  the  committee  on  Contingent 
Expenses,  made  the  following  report: 

Mr.  President:  Your  committee  on  Contingent  Expenses, 
would  respectfully  report  that  they  have  examined  the  follow- 
ing accounts  which  have  been  referred  to  them,  and  believe 
they  are  correct,  and  recommend  that  they  be  allowed: 

Evrich  &  Co.  ,   $4  60 

"    5  04 

D.  McA.  Williams.   51  75 

Eyrich  &  Co   ..............    6  50 

D.  McA.  Williams.   25  75 

Respectfully, 

U.  Ozanne,  Chairman, 
Jehiel  Railsback, 

W.  H.  GIBBS, 
S.  C.  CONLEY, 

J.  C.  Brinson. 

Constitutional  Convention  bought  of  Eyrich  k  Co., 
through  T.  P.  Sears: 

Mucilage     $  75 

Letter  paper   1  00 

Three  blank  books   2  25 

One  quire  legal  cap   60 

Total     $4  60 

Received  payment,  Eyrich  &  Co, 

The  Constitutional  Convention  bought  of  Eyrich  &  Co., 
through  A.  W.  Patterson : 

One  quire  legal  cap   $  60 

"          «  •      "   •   50 

One  box  paper  fasteners.   60 

One  box  pens   25 

Four  pencils   40 

Two  quires  legal  cap                 .\\   1  20 

Two  quires  letter  paper.   1  00 

Postage   49 

Total...   $5  04 

Received  payment,  Eyrich  &  Co. 


113 


Constitutional  Convention  to  D.  McA.  Williams: 

To  expenses  incurred  in  going  to  and  returning  from 
New  Orleans,  to  procure  stationery  for  said  Conven- 
tion  $51  75 

Constitutional  Convention  bought  of  Eyrich  &  Co. : 

Three  rulers   $6  50 

Constitutional  Convention  bought  of  H.  D.  McG-innis. 

through  D.  McA.  Williams : 
One  six  quire  memorandum  book  for  Journal  of  the 
Constitutional  Convention  of  the  State  of  Missis- 
sippi  $25  CO 

Express  charges  on  same   75 

Total  £25  75 

Eeport  received  and  allowed. 

The  consideration  of  an  ordinance  in  reference  to  publishing 
the  proceedings  of  the  Convention  in  certain  papers  therein 
named,  being  in  order,  passed  a  third  reading,  and  is  as  follows : 


AX  ORDIXAXCE    IX  REFEREXCE  TO    THE    PUBLICATIOX  OF  PROCEED- 
IXGS  OF  THIS  COXVENTIOX. 

Sectiox  1.  Be  it  ordained  by  the  people  of  the  State  of 
Mississippi,  in  Coven  Hon  assembled,  That  it  shall  be  the  duty 
of  the  Secretary  of  this  Convention  to  furnish  copies  of  the 
proceedings  of  each  day's  session  thereof  to  the  Viclcsburg 
Republican,  Meridian  Chronicle,  and  Mississippi  State  Journal. 
for  publication  in  said  papers,  for  the  information  of  the  peo- 
ple of  the  State. 

Sec.  2.  Be  it  further  ordained,  That  copies  of  each  day's 
proceedings  of  the  Convention,  all  ordinances  adopted  and 
the  new  Constitution  of  the  State  of  Mississippi,  shall 
be  published  in  said  newspapers,  and  they  shall  be  allowed  to 
charge  for  said  publications  the  sum  of  fifty  cents  per  square 
of  eight  lines. 

Sec.  3.  Be  it  f  urther  ordained.  That  during  the  session  of 
said  Convention,  one  hundred  copies  each  of  the  Vicksburg 
Republican  and  Meridian  Chronicle,  shall  be  furnished  for  the 
use  of  said  Convention. 

Which  was  adopted. 

On  motion  of  Mr.  Clarke,  of  Yazoo,  the  Convention  resolved 
itself  into  a  Committee  of  the  Whole,  Mr.  Weir,  of  Octibbeha, 
in  the  Chair,  upon  the  report  of  the  committee  on  the  Bill  of 
Rights,  and  after  certain  amendments  had  therein,  the  com- 
mittee rose,  reported  progress  and  asked  leave  to  sit  again. 

The  consideration  of  the  majority  report  upon  compensation 
of  members  and  officers,  coming  up,  being  the  same  as  submit- 
ted by  Mr.  Mygatt.  the  Chairman  of  the  committee,  on  the  13th 
of  January,  which  is  as  follows: 


116 


Giving  to  President  per  diem  .   $20  CO 

Members  each  .   10  00 

Eeporter   ....    15  00 

Secretary   15  00 

Assistant  Secretaries  each   10  00 

Sergeant-at-Arms   10  00 

Assistant  Sergeant-at- Arms   5  00 

Chaplain  '   10  00 

Postmaster   8  00 

Doorkeeper   5  00 

Hall  Porter   4  00 

Pages  each   2  50 

Mileage  for  members,  forty  cents  per  mile. 

(Signed)  A.  Mygatt, 

Chairman. 

Mr.  Hauser  moved  to  adopt  the  report. 

Mr.  Townsend  moved  to  adopt  minority  report  of  the  com- 
mittee. 

Mr.  Weir  moved  to  adopt  majority  report  item  by  item; 
Which  was  laid  on  the  table. 

Mr.  Fitzhugh  moved  the  previous  question,  upon  which  the 
3'eas  and  nays  were  called,  with  the  following  result: 

Yeas — Messrs.  Alderson,  Barry,  Bonney,  Brinson,  Caldwell, 
Castello,  Chapman,  Chappell,  Clarke,  Combash,  Drane,  Elliott 
James,  Fawn,  Field,  Fitzhugh,  Gibbs,  Goss,  Handy,  Hauser, 
Herbert,  Jacobs,  Johnson  A.,  Lack,  Leas,  Leonard,  May  son, 
Myers,  Mygatt,  McKnight,  Newsom,  Orr,  Ozanne,  Parsons  of 
Adams,  Parsons  of  Hinds,  Peyton  of  Hinds,  Powell,  Kailsbaek, 
Richardson,  Smith,  Stewart,  Stites,  Stringer,  Stiles,  Toy, 
Vaughan,  Woodmansee,  Yeoman — 47. 

Nays — Messrs.  Alcorn,  Ballard,  Beam,  Bridges,  Compton, 
Dalton,  Dowd,  Elliott  John,  Gaither,  Hemmingway,  Holland, 
Hutto,  Johnson  S.,  Musgrove,  Montgomery,  Morgan,  Mc- 
Clutchen,  McKee,  Nelins,  Phillips,  Rainey,  Stricklin,  Town- 
send,  Walker,  Watson,  Warren,  Weir,  Williams — 29. 

And  the  majority  report  was  adopted. 

Mr.  Collins  was  granted  leave  of  absence  for  ten  da}- s. 

Mr.  Gibbs  moved  to  reconsider  the  vote  adopting  majority 
report  on  compensation. 

Mr.  Clarke  moved  to  table ; 

Which  was  carried. 

The  consideration  of  the  report  on  printing  comir  g  up,  Mr. 
Chapman  moved  to  reject  the  report; 
Which  was  laid  on  the  table. 

Mr.  Fitzhugh  moved  to  consider  the  report  by  sections. 
Mr.  Gibbs  moved  to  amend  by  making  the  report  the  special 
order  for  January  30,  1868; 
Which  was  adopted. 

Mr.  Vaughan  offered  the  following  resolution : 
Resolved,  As  soon  as  it  be  ascertained  that  any  person  elected 
to  collect  the  taxes  levied  cannot  take  the  oath  and  qualify  as 
required  under  the  section  creating  said  office,  it  shall  be  the 


117 


duty  of  the  President  of  this  Convention  forthwith  to  appoint 
a  person  to  fill  the  vacancy. 

Which  was  adopted. 
By  Mr.  Leas: 

Besolved,  That  the  letter  of  Gen.  Gillem  to  Mr.  Orr,  chair- 
man of  special  committee,  be  placed  on  the  record. 
Which  was  lost. 

Mr.  Orr  then  offered  the  following : 

To  the  Honorable  President  and  gentlemen  of  the  Constitutional 
Convention  of  the  State  of  3fisssissij^i 

The  undersigned,  chairman  of  the  committee  on  Printing, 
respectfully  tenders  his  resignation  of  the  same,  and  asks  that; 
the  same  be  accepted. 

(Signed)  Benj.  H.  Orr. 

Which  was  laid  on  the  table. 

Mr.  Musgrove  moved  that  when  the  Convention  adjourn  it  be 
to  meet  at  4  o'clock,  p.  m.  ; 
Which  was  carried. 
And  the  Convention  adjourned. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
The  nominations  of  Collectors  being  in  order, 
Mr.  Goss  recommended  Mr.  W.  H.  B.  Lane  as  Collector  for 
the  counties  of  Hancock  and  Marion. 
The  Convention  acting,  he  was  elected. 

Messrs.  Parsons  and  Peyton,  of  Hinds,  recommended  Mr. 
Eeese  Hatcher  as  Collector  for  their  county. 

Messrs.  Mayson  and  Caldwell  recommended  A.  G.  Daskam, 
of  Hinds.,  as  Collector. 

Mr.  Castello  moved  to  proceed  to  elect  by  ballot  the  Tax  Col- 
lector for  Hinds  county; 

Which  was  carried. 

The  President  appointed  Messrs.  Stites  and  Yeoman  tellers. 
The  ballot  was  as  follows : 

Mr.  Reese  Hatcher  received   52  votes. 

Mr.  A.  G.  Daskam  received    13  votes. 

Mr.  Hatcher  having  received  a  majority  of  all  the  votes  cast, 
was  declared  elected  as  Collector  for  Hinds  county. 

Mr.  H.  P.  Toy  recommended  John  Hanclly  as  Collector  for 
Issaquena  county,  in  connection  with  his  duty  as  Collector  for 
Washington  county ; 

Who  was  elected. 

Mr.  Cunningham  recommended  J.  B.  Richardson  as  Collec- 
tor for  Madison  county ; 
Who  was  elected. 

The  delegation  from  Monroe  recommended  J.  B.  Goodloe,  of 
Aberdeen,  as  Collector  for  Monroe  county; 
Who  was  elected. 


118 


Messrs.  Chappell  and  Stewart  recommended  Mr.  S.  H.  Powell 
as  Collector  for  Noxubee  count}'; 
Who  was  elected. 

Mr.  Phillips  recommended  Mr.  Isaac  Boatman  as  Collector 
for  Tunica  county; 
Who  was  elected. 

The  delegation  from  Yazoo  recommended  Captain  S.  G. 
Bed  well; 

Who  was  elected. 

Henry  J.  Orr  was  elected  Collector  for  the  counties  of  Har- 
rison and  Jackson. 

Mr.  Vauo'han  offered  the  following : 

Be  it  resolved,  That  the  President  of  this  Convention  ap- 
point Collectors  for  the  counties  which  are  not  represented  in 
this  Convention,  and  wherein  no  recommendations  have  been 
made. 

Mr.  Stricklin  offered  the  following: 

Whereas,  A  resolution  has  been  adopted  by  this  Convention 
declaring  that  one  of  its  members,  Dr.  W.  M.  Compton,  had 
violated  the  spirit  of  his  registration  oath  b}^  submitting  to 
this  body  a  minority  report  upon  compensation,  announcing  as 
his  belief  that  the  military  reconstruction  bills  are  unconstitu- 
tional, and  that  this  Assembly  is  unlawfully  convened;  and 

Whereas,  There  are  other  delegates  on  this  floor  who  are  of 
the  same  opinion;  therefore,  be  it 

Resolved,  That  the  delegates  present  who  entertain  the  views 
expressed  in  said  minority  report,  publicly  declare  the  same  in 
open  Convention,  and  that  they  be  included  in  said  resolution 
of  censure. 

A  motion  to  lay  on  the  table  was  lost. 

Mr.  Cunningham  moved  that  it  be  indefinitely  postponed; 

Which  was  carried. 

Convention  adjourned  until  to-morrow  morning  at  10  o'clock. 

T.  P.  Sears, 
Secretary. 


NINETEENTH  DAY, 

Jackson,  Miss.,  Tuesday,  January  28th,  1868. 

The  Convention  met  pursuant  to  adjournment. 
President  in  the  Chair. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Messrs.  Alderson,  •  Alcorn,  Ballard,  Beam,  Bonney,  Bridges. 
Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Combash,  Comp- 
ton, Conley,  Cunningham,  Dalton,  Dowd,  Drane,  Elliott  John, 


119 


Elliot  James.  Fawn,  Field.  Fitzhugh,  Gaither,  Gibbs,  Goss. 
Handy,  Hauser,  Hemmingway,  Herbert.  Holland.  Hutto.  Jacobs, 
Johnson  S.,  Johnson  A..  Lack.  Leas.  Leonard.  Longmire,  May- 
son.  Musgrove,  Montgomery,  Miles.  Merryman,  Morgan,  Myers. 
Mygatt.  McCutchen,  McKee.  McKnight,  Nesbitt,  Newsom,  Orr, 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton.  Phillips,  Powell. 
Quinn,  Railsback,  Rainey,  Richardson,  Smith.  Stewart.  Stiles. 
Strieklin,  Stringer.  Stites.  Townsend,  Toy.  Vaughan,  Warren. 
Weir,  Woodmansee,  Yeoman — 76. 
The  following  delegates  were  absent : 

Messrs.  Barry.  Brinson,  Gray,  Howe,  Jamison,  Jones,  Kerr, 
Lawson.  Mask.  Moore.  Neilson,  Nelrus,  Peyton  of  Copiah. 
Stovall,  Walker,  Watson  Williams— 18. 

Journal  of  yesterday  read  and  approved. 

Standing  Committees  reported  in  the  order  of  their  being 
called. 

Committee  on  General  Provisions  reported  progress. 
Committee  on  Finance  reported  progress. 
Committee  on  Public  Education  reported  progress. 
Committee  on  Bill  of  Rights  reported  an  additional  section, 
as  follows : 

Section  3.  There  shall  be  no  discrimination  between  different 
sects  or  denominations  who  found  their  religious  opinions  upon 
the  Scriptures  of  either  the  Old  or  Xew  Testament,  or  both  ; 
nor  shall  any  person  who  believes  in  the  existence  of  God,  and 
Divine  penalties  for  human  transgression,  be  prevented  from 
becoming  a  witness,  sitting  on  juries,  or  holding  any  office  of 
honor,  profit,  or  trust,  within  the  gift  of  the  people. 

Made  special  order  for  the  30th,  and  one  hundred  copies  or- 
dered to  be  printed, 

Mr.  Castello  offered  the  following: 

Resolved,  That  the  President  of  this  Convention  be  empow- 
ered to  appoint  a  Clerk,  to  be  called  a  Warrant  Clerk,  whose 
duty  it  shall  be  to  keep  the  accounts  of  the  Convention,  receive 
all  accounts  for  the  general  and  incidental  expenses  of  the 
same,  properly  arranged,  and  present  them  to  the  Standing 
Committee  on  Contingent  expenses,  that  they  may  report  them 
to  the  Convention  for  approval;  keep  the  accounts  with  officers, 
members,  clerks  and  employees  ;  all  applications  for  warrants 
shall  be  made  to  him,  and  it  shall  be  his  duty  to  present  them 
to  the  President  and  Secretary  of  the  Convention,  with  a  certi- 
fied account,  for  their  signature,  before  the  same  are  issued  as 
directed  under  section  24,  of  the  ordinance  passed  January  24. 
providing  for  the  levy  and  collection  of  a  tax  to  pay  the  ex- 
penses of  this  Convention. 

3Ir.  Morgan  moved  to  lay  the  resolution  on  the  table ; 

Which  was  lost, 

Mr.  Clarke  offered  the  following: 

Resolved,  That  this  Convention  now  proceed  to  elect  a  suita- 
ble person  as  Auditor,  to  act  as  such  for  this  Convention. 
The  President  called  to  the  Chair  Mr.  A  Mygatt.  of  Warren- 
Mr.  Castello  moved  to  lay  the  motion  of  Mr.  Clarke  on  the 
table;  which  was  carried. 


120 


Mr.  Williams  offered  as  a  substitute  to  Mr.  Castello's 
resolution  the  following: 

Ordinance  No.  5,  providing  for  an  Auditor  for  the  Conven- 
tion, and  defining  his  duties : 

Be  it  ordained,  That  there  shall  be  appointed,  or  elected,  by 
this  Convention,  an  Auditor,  whose  duties  it  shall  be  to  audit 
the  accounts  of  the  officers  and  members,  printer,  and  otheis 
who  may  have  claims  against  the  same. 

Be  it  further  ordained,  That  the  President  shall  not  sign,  or 
cause  to  be  delivered,  any  warrants  to  any  person,  unless  the 
correctness  of  the  same  shall  first  be  certified  to  by  the 
Auditor. 

Be  it  further  ordained,  That  the  Auditor  be  allowed  the 
same  compensation  as  members  of  the  Convention,  and  remain 
in  office  as  long  as  it  may  be  required  to  settle  the  accounts  of 
the  same,  provided;  The  term  of  office  of  said  Auditor  shall  not 
extend  beyond  fifteen  days  after  the  adjournment  of  this  Con- 
vention ;  and  said  Auditor  sha*ll  also  be  required  to  take  the 
oath  of  office  prescribed  by  Act  of  Congress,  July  2,  1862. 

Rules  were  suspended  for  the  consideration  of  the  ordi- 
nance; 

Which  was  read  a  second  time  by  its  title. 

Mr.  Vaughan  offered  to  amend,  by  striking  out  the  2d  of" 
July,  1862,  and  inserting  "  taken  by  the  members  of  this  Con- 
vention." 

Which  was  laid  on  the  table, 

Mr.  Musgrove  offered  the  following: 

That  the  1st  section  of  Mr.  William's  ordinance  be  so  amend- 
ed that  the  Sergeant -at- Arms  be  elected  Auditor  of  this  Con- 
vention, whose  duty  it  shall  be  to  audit  the  accounts  of  the 
members,  officers,  printer,  and  others  who  may  have  claims 
against  the  same. 

Mr.  Herbert  moved  to  lay  on  the  table. 

Mr.  Castello  moved  to  adjourn; 

Which  was  lost. 

And  the  motion  to  lay  on  the  table  prevailed. 

Mr.  Ozanne  offered  the  following  amendment: 

Provided,  That  if  any  member  of  the  Convention  is  either 
elected  or  appointed,  he  shall  not  receive  any  extra  compensa- 
tion for  such  service;  but  in  case  his  office  is  necessary  beyond 
the  adjournment  of  this  Convention,  he  shall  receive  the  same 
compensation  as  a  delegate. 

Mr.  Herbert  moved  to  lay  on  the  table; 

Which  was  adopted. 

Mr.  Gaither  offered  the  following: 

That  the  Sergeant-at-Arms,  by  virtue  of  his  office,  be  the 
Auditor  of  this  Convention,  but  that  he  receive  no  additional 
compensation  for  his  services  as  such. 

Which  was  laid  on  the  table. 

Mr.  Eggleston  moved  the  previous  question; 

Which  was  carried, 

And  the  ordinance  being  read  a  third  time,  passed;  title 
standing  as  stated. 


21 


Special  order  of  the  day  being  the  report  of  the  committee 
on  Destitution,  was  postponed  until  to-morrow. 

The  resignation  of  Mr.  Orr.  as  chairman  of  the  committee  on 
Printing,  coming  up  for  consideration. 

Mr.  Alderson  moved  to  reject  the  resignation. 

Mr.  Hauser  called  for  the  previous  question : 

Which  was  lost. 

Alter  debate  had  on  the  subject,  the  motion  of  Mr.  Alderson 
was  lost. 

Mr.  Herbert  moved  to  accept  the  resignation  of  Mr.  Orr: 
Which  was  carried. 

The  Convention  adjourned  until  to-morrow  morning  at  10 
o'clock, 

T.  P.  Sears. 

Secretory. 


TWENTIETH  DAY. 

Jackson.  Miss..  Wednesday.  January  29:h.  ISoS. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President.  Messrs.  Alderson.  Alcorn.  Ballard.  Barry. 
Beam.  Bonney,  Bridges.  Brinson.  Caldwell.  Chappell,  Clarke, 
Combash.  Compton,  Conley.  Cunningham.  Dowd.  Drane.  Elliott 
John.  Elliott  James.  Fawn.  Field.  Fitzhugh.  Gaither,  Gibbs, 
Goss.  Handy.  Hauser.  Hemmingway.  Holland.  Howe.  Hutto. 
Jacobs.  Johnson  S..  Johnson  A..  Lack.  Lawson.  Leas.  Leonard. 
Longmire.  Mayson.  Mask.  Musgrove.  Montgomery.  Miles. 
Merryman.  Morgan.  Myers.  Mygatt.  McCutchen.  3IcKee.  Mc- 
Knight.  INelrns.  Xesbitt.  Xewsom.  Orr.  Ozanne.  Parsons  of 
Adams.  Parsons  of  Hinds.  Peyton  of  Hinds.  Powell.  Kails- 
back.  Eainey.  Richardson.  Smith.  Stewart.  Stites.  Stricklin, 
Stringer.  Stiles.  To^nsend,  Toy.  Vaughan,  Warren,  Weir, 
Woodmansee.  and  Yeoman — 76. 

The  following  delegates  were  absent: 

Messrs.  Casteilo,  Chapman.  Collins.  Dalton.  Gray.  Herbert. 
Jamison,  Jones.  Kerr.  Moore.  Nelson.  Peyton  E.  G..  Phillij  s. 
Q.uinn.  Stovali,  Walker.  Watson,  Williams — IS. 

Reports  of  standing  committees  being  in  order. 

The  Finance  Committee  reported  progress. 

The  committee  on  Public  Education  reported  progress. 

Special  committee  appointed  to  memorialize  Congress  in 
behalf  of  the  destitute,  through  their  chairman,  made  the  fol- 
lowing report : 

Whereas.  Many  complaints  have  been  made,  and  much  oppo- 


122 


sition  manifested  to  the  collection  of  the  cotton-tax,  amounting 
to  ten  dollars  per  bale  (fully  one-fourth  the  entire  crop  of  1867); 
and 

Whereas,  Great  efforts  have  been  made  both  in  and  out  of 
Congress,  to  repeal  said  tax,  and  make  it  apply  to  said  crop; 

and 

Whereas,  There. is  great  destitution  in  many  portions  of  our 
State,  both  among  white  and  black;  therefore,  be  it 

Resolved,  That  a  special  committee  of  three  be  appointed  by 
the  President  to  memorialize  Congress  that  at  least  one-half 
of  said  tax,  collected  and  being  collected,  in  this  State,  on 
cotton  produced  in  said  year  of  1867,  be  expended  through  the 
Freedmen's  Bureau,  to  feed  the  hungry  and  cloth  the  naked. 

The  committee  appointed  were  Messrs.  Leas,  Elliott  of 
Itawamba,  and  Rainey. 

To  the  Honorable  Senate  and  House  of  Representatives  of  the 
United  States: 

We,  the  committee  named  in  the  accompanying  resolution, 
would  respectfully  petition  your  honorable  bodies  to  appropri- 
ate so  much  of  the  tax  levieji  upon  cotton  for  the  year  1867, 
as  will  enable  the  Freedmen's  Bureau  to  supply  the  actual 
wants  of  our  citizens,  without  respect  to  color.  Our  best  infor- 
mation from  every  county  in  the  State,  leads  us  to  believe  that 
there  is  actual  want,  and  that  suffering  will  prevail  before  re- 
lief can  be  had  from  the  next  crop. 

We,  therefore,  pray  your  honorable  bodies  to  give  what  aid 
you  can  through  the  Bureau  of  Refugees,  Freedmen,  and 
Abandoned  Lands,  consistent  with  duty,  and  we  will  ever 
pray,  etc. 

Very  Respectfully, 

Your  ob't  servants, 

Benj.  Leas, 

Chairman. 
James  Elliott, 
Isham  S.  Rainey, 

Committee. 

Report  received,  and  100  copies  ordered  to  be  printed. 
Mr.  Rail-sback  offered  the  following  resolution : 
Resolved,  That  a  committee  of  three  be  appointed  by  the 
President  of  this  Convention  to  memorialize  Congress  onbe- 
lialf  of  Lafayette  Jones  and  Isaac  Hudson,  of  Bolivar  county, 
Mississippi,  soliciting  the  immediate  removal  of  their  disabili- 
ties which  obviates  them  at  this  time  from  exercising  the  right 
of  suffrage. 

Referred  to  committee  for  reporting  names  to  Congress. 
Mr.  Orr  offerred  the  following: 

Whereas,  There  being  but  few  newspapers  now  published  in 
Mississippi  that  are  loyal  to  the  government  of  the  United 
States,  and  believing  it  to  be  the  duty  of  all  loyal  citizens  of 
the  State  to  encourage  by  all  honorable  means  the  establishing 
upon  a  firm  basis,  Journals  that  will  advocate  true  Republican 


123 


principles  and  unqualified  loyalty  to  the  Constitution  and  laws ; 
therefore,  be  it 

Resolved,  That  it  shall  be  the  duty  of  the  first  Legislature 
convened  under  the  Constitution  framed  hy  this  Convention  to 
provide  by  legislative  enactment,  for  the  election  or  appoint- 
ment by  said  Legislatare  of  an  official  printer  for  each  Con- 
gressional District  in  the  State. 

Be  it  further  resolved,  That  it  shall  be  the  duty  of  all  State, 
district,  county,  and  municipal  officers  to  have  all  official  print- 
ing, including  all  legal  advertisements  that  are  required  by  law 
to  be  published,  inserted  in  said  journals,  at  rates  of  com- 
pensation to  be  fixed  by  law. 

Referred  to  committee  on  General  Provisions. 

Mr.  Peyton,  of  Hinds,  offered  the  following: 

Whereas,  The  paramount  political  object  which  every  patriot 
of  our  land  should  have  in  view,  is  the  restoration  or  recon- 
struction of  our  government  upon  a  truly  loyal  and  national 
basis,  on  a  basis  which  will  secure  liberty  and  equality  before 
the  law,  to  all  men,  regardless  of  race,  color,  or  previous  con- 
dition; and 

Whereas,  There  is  not,  and  has  not  been  since  the  year  1861, 
any  civil  government  in  this  State,  which  does  not  tend  to 
strengthen  and  justify  secession  and  rebellion,  and  weaken  and 
discourage  the  friends  of  constitutional  liberty  and  national 
greatness ;  therefore, 
f  Be  it  resolved  by  the  Constitutional  Convention  of  the  State 
:  of  Mississippi,  That  the  present  move  in  the  Congress  of  the 
United  States,  having  in  view  the  adoption  and  perfection  of 
said  plan  or  measure,  by  which  the  civil  government  of  our 
State  shall  at  once  be  placed  in  the  hands  of  those  who  are 
striving  against  great  odds  for  a  national  restoration  upon  a 
basis  in  accordance  with  the  expressed  will  of  Congress,  is 
held  with  joy  and  gladness,  and  with  prayers  for  its  immediate 
consummation. 

Resolved,  That  the  President  and  Secretaiy  sign  this  resolu- 
tion, and  forward  a  cop}r  to  the  President  of  the  Senate  and 
Speaker  of  the  House  of  Representatives  of  the  United  States. 

Mr.  Morgan  moved  to  lay  on  the  table ; 

Which  was  lost. 

Mr.  Hauser  moved  to  print,  and  make  special  order  for  Fri- 
day ; 

Which  was  adopted. 

Mr.  Hauser  offered  the  following  resolution : 

Resolved,   That  a  committee  be  composed  of  nine  mem- 
bers, to  whom  shall  be  referred  all  reports  adopted  by  this  Con- 
vention, and  whose  duty  it  shall  be  to  draft  and  frame  a  Con 
stitution  for  the  State  of  Mississippi,  and  report  as  early  as 
possible. 

Mr.  Gibbs  moved  to  insert  "five,"  instead  of  "  nine." 
Mi\  Townsend  moved  to  lay  on  the-  table  the  motion  of 
Mr.  Gibbs; 

Which  was  earried. 


124 


Mr.  Orr  moved  to  amend  the  resolution  of  Mr.  Hauser,  as 
follows : 

It  shall  be  the  duty  of  said  committee  to  correct  all  errors  of 
phraseology  as  well  as  grammatical  errors  that  may  appear  in  the 
various  proposed  articles  of  the  Constitution  to  be  framed  by 
this  Convention; 

Which  was  lost  for  want  of  a  quorum. 

A  call  of  the  Convention  was  ordered. 

Seventy-one  members  answered  to  their  names. 

After  which,  Mr.  Field  moved,  that  when  persons  do  not  vote, 
they  shall  be  considered  as  voting  in  the  affirmative  ; 

Which  was  carried. 

The  question  again  recurring  upon  Mr.  Hauser's  resolution, 
it  was  adopted. 

The  President  appointed  Samuel  Donnell  as  Clerk  for  the 
Committee  on  Enrollment. 

Mr.  Townsend  offered  the  following: 

Resolved,  That  a  committee  of  three  be  appointed  by  the 
President,  to  report,  as  soon  as  practicable,  the  probable  cost 
of  publishing  the  official  proceedings  of  this  Convention,  in 
the  Mississippi  State  Journal,  Vicksburg  Republican,  and 
Meridian  Chronicle,  at  the  rates  of  compensation  reported  by 
the  Committee  on  Printing. 

Mr.  Clarke  moved  to  lay  the  resolution  on  the  table  ; 

Which  was  lost. 

Mr.  Stringer  moved  to  indefinitely  postpone  ; 
Which  was  lost. 

Mr.  Morgan  moved  to  refer  to  the  Committee  on  Finance, 
and  moved  the  previous  question  ; 
Which  was  carried. 

On  motion  of  Mr.  Alcorn,  a  reconsideration  of  the  vote  was 
had  upon  the  adoption  of  Mr.  Herbert's  resolution  of  yester- 
day, receiving  the  resignation  of  Mr.  Orr,  as  Chairman  of  the 
Committee  on  Printing. 

The  resignation  of  Mr.  Orr,  as  Chairman  of  the  Committee 
on  Printing,  was  reconsidered. 

Mr  Alcorn  moved  that  the  resignation  be  not  accepted,  upon 
which  the  yeas  and  nays  were  called,  with  the  following  result  : 

Yeas — Messrs.  Alderson,  Alcorn,  Beam,  Bonney,  Bridges, 
Brinson,  Caldwell,  Chappell,  Clarke,  Combash,  Conley,  Cunning- 
ham, Drane,  Fawn,  Field,  Fitzhugh,  Gibbs,  Goss,  Handy, 
Hauser,  Holland,  Howe,  Hutto,  Jacobs,  Johnson  A.,  Lawson, 
Leas,  Leonard,  Mayson,  Miles,  Morgan,  Myers,  Mygatt,  McKee, 
McKnight,  Newsom,  Orr,  Ozanne,  Parsons  of  Hinds,  Peyton  of 
Hinds,  Powell,  Eailsback,  Eainey,  Stewart,  Stites,  Stricklin, 
Stringer,  Townsend,  Toy,  Warren,  Yeoman — 51. 

Nays — Messrs.  Compton,  Dowd,  Gaither,  Hemmingway,  Her- 
bert, Johnson  S.,  Lack,  Longmire,  Montgomery,  Merryman, 
McCutchen,  Nelms,  Nesbitt,  Parsons  of  Adams,  Phillips,  Rich- 
ardson, Smith,  Vaughan,  Walker,  Woodmansee — 20. 

And  the  resignation  was  not  accepted. 

The  special  order  of  the  day  being  the  consideration  of  an 


ordinance  directing  the  State  Treasurer  to  issue  warrants  to 
the  amount  of  $100,000. 

The  ordinance  was  withdrawn  by  Mr.  Parsons,  Chairman  of 
the  Finance  Committee. 

Special  order  being  the  consideration  of  additional  sections, 
as  submitted  by  the  Committee  on  the  Bill  of  Rights — being 
sections  32,  33,  34  and  35  ; 

Which  passed  to  a  second  reading. 

The  report  of  the  Committee  on  Destitution  passed  to  a 
third  reading. 

Mr.  Hauser  moved  to  empower  the  President  to  appoint  an 
Auditor  ; 

Which  was  adopted. 

The  following  communication  was  received: 

Columbus,  Miss.,  January  25,  1808. 

Gen.  B.  B.  Eggleston,  President  of  Mississippi  Convention : 

Dear  Sir — Isly  private  affairs  took  such  a  turn  in  the  last 
week  in  December,  that  I  was  compelled  to  leave  home  for 
several  weeks,  covering  the  time  of  the  assembling  of  the  Con- 
vention, and  my  trip  having  resulted  in  business  arrangements, 
that  will  take  me  permanently  from  the  State,  it  will  be  totally 
out  of  my  power  to  attend  any  of  the  deliberations  of  your 
honorable  body,  but  hoping  and  believing  that  the  good 
work  can  be  done  as  well  without  me,  and  wishing  the  Conven- 
tion and  }^ourself  very  great  success  in  the  great  work  you 
have  so  nobly  undertaken, 

I  am  yours,  with  very  great  respect, 

Geo.  W.  Van  Hook. 

Mr.  Townsend  offered  the  following: 

Besolved,  That  the  resignation  of  Mr.  Van  Hook,  delegate 
from  Lowndes  count}',  be  forwarded  to  Brevet  Major  General 
Alvin  C.  Gillem,  commanding  4th  Military  District,  in  order 
that  the  vacancy  may  be  filled  as  early  as  practicable. 

Which  was  laid  on  the  table. 

Mr.  Vaughan  offered  the  following: 

Besolved,  That  the  resignation  offered  to  thi3  Convention  by 
Mr.  Van  Hook,  as  a  delegate  elect  from  Lowndes  county,  be 
accepted. 

Which  was  adopted. 

On  motion  of  Mr.  Alderson,  of  Jefferson,  Rev.  James  Lynch 
and  Judge  R.  A.  Hill  were  invited  to  seats  within  the  bar. 
Convention  adjourned  until  to-morrow  morning  at  10  o'clock, 

T,  P.  Sears, 

Secretary. 


126 


TWENTY-FIRST  DAY. 


Jackson,  Miss.,  Thursday,  January  30th,  1868. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Alcorn,  Ballard,  Beam,  Bonney, 
Bridges,  Brinson,  Caldwell,  Chapman,  Chappell,  Clarke,  Com- 
bash,  Compton,  Conley,  Cunningham,  Dowd,  Drane,  Elliott 
James,  Fawn,  Field,  Gaither,  Gibbs,  Goss,  Handy,  Hauser, 
Hemmingway,  Howe,  Hatto,  Jacobs,  Johnson  S.,  Kerr,  Lack, 
Lawson,  Leas,  Leonard,  Longmire,  Mayson,  Mask,  Musgrove, 
Montgomery,  Miles,  Merryman,  Myers,  Mygatt,  McCutchen, 
McKee,  McKnight,  Nelms,  Nesbitt,  Newsom,  Ozanne,  Parsons 
F.,  Parsons  J.  P.,  Peyton  E.  A.,  Phillips,  Powell,  Railsback, 
Rainey,  Richardson,  Stewart,  Stites,  Stricklin,  Stringer,  Towns- 
end,  Toy,  Vaughan,  Watson,  Wier,  Williams,  Woodmansee, 
Y"eoman — 72. 

The  following  delegates  were  absent: 

Messrs.  Alderson,  Barry,  Castello,  Collins,  Dal  ton,  Fitzhugh, 
Gray,  Herbert,  Holland,  Jamison,  Johnson  A.,  Jones,  Moore, 
Morgan,  Neilson,  Orr,  Peyton  E.  G.,  Quinn,  Smith,  Stovall, 
Walker,  Warren— 23. 

The  Journal  of  yesterday  was  read  and  approved. 

Leave  of  absence  was  granted  to  Mr.  Nelms,  for  ten  days; 
to  Mr.  Townsend,  for  three  days  ;  to  Mr.  Walker,  for  eight 
days;  to  Mr.  McCutchen,  for  five  days;  to  Mr.  Warren,  for 
one  day. 

A.  G.  Daskam  was  appointed  Clerk  for  committee  on  Legis- 
lative Department. 

The  report  of  the  committee  on  Destitution  (Mr.  Alderson, 
of  Jefferson,  chairman),  was  taken  up  for  consideration,  when 
Mr.  Watson  requested  that  his  name  be  stricken  from  the 
report,  as  he  did  not  approve  it. 

Mr.  Clarke  moved  to  refer  back  to  committee; 

Which  was  carried. 

Call  of  Resolutions  being  next  in  order; 
Mr.  Woodmansee  offered  the  following: 

Resolved,  That  immediately  after  calling  for  the  reports  of 
committees,  the  consideration  of  the  Constitution,  section  hy 
section,  shall  be  taken  up. 

Which  was  lost. 

Mr.  Chappell  offered  the  following: 

Resolved,  That  the  commission  of  G.  C.  Sullivan,  appointing 
him  Sheriff  of  Oktibbeha  county,  Mississippi,  herewith  sub- 
mitted, be  ratified  by  this  Convention,  and  that  all  other  simi- 
lar commissions  signed  by  Gen.  Ord,  be  regarded  legal  and 


127 


binding  by  the  Convention  so  long  as  the  appointees  under 
them  continue  to  perform  their  duties  faithfully  and  loyalh\ 

Mr.  Morgan  moved  to  lay  on  the  table; 

Which  was  lost. 

Mr.  Stricklin  offered  the  following  as  an  amendment: 

Provided,  That  Mr.  Sullivan  and  all  other  appointees,  who 
may  become  custodians  of  public  funds  shall  be  required  to 
give  bond  in  double  the  amount  of  monej^  likely  to  fall  in  his 
or  their  hands,  and  for  the  faithful  keeping  and  disbursement 
of  the  same,  and  the  prompt  and  efficient  discharge  of  his  or 
their  official  duties. 

Mr.  Morgan  moved  to  lay  the  amendment  and  the  original 
resolution  on  the  table ; 

Which  was  carried. 

Mr.  Ozanne  offered  the  following  resolution  : 

Resolved,  That  the  members^of  this  Convention  absenting 
themselves  without  first  having  asked  and  obtained  such  leave 
of  absence,  shall  not  be  entitled  to  compensation  for  any  such 
absence,  except  in  cases  of  sickness,  and  that  the  Secretary  of 
this  Convention  be  requested  to  keep  a  record  of  all  such 
absent  members. 

Which  was  adopted. 

Mr.  Mask  offered  the  following: 

Be  it  resolved,  That  full  jurisdiction  and  authority  be  and 
the  same  is  hereb}r  granted  to  the  government  of  the  United 
States  in  and  to  the  following  lands  situate  in  the  county  of 
Tishomingo,  in  the  State  of  Mississippi,  and  in  the  corporate 
limits  of  the  city  of  Corinth,  said  lands  having  been  recently 
sold  and  conveyed  to  the  United  States  by  James  H.  Walker, 
Calvin  F.  Vance,  and  Margaret,  his  wife,  Francis  M.  White,  and 
Catherine  S.,  his  wrife,  for  the  purpose  of  establishing  thereon 
a  cemetery  for  the  burial  of  Union  officers  and  soldiers,  viz : 
beginning  at  a  stake  corner  in  a  line  of  land  belonging  to  the 
estate  of  Joseph  Stoak,  deceased,  thence  running  south  along 
the  line  of  said  land  nine  hundred  and  thirty-three  and  five- 
tenths  feet  to  a  stake,  being  a  corner  in  a  line  of  land  belong- 
ing to  Calvin  F.  Vance  and  others ;  thence  running  west  along 
said  line  nine  hundred  and  thirty-three  and  five-tenths  feet  to  a 
stake,  being  another  corner  of  said  line  of  land;  thence  running- 
north  along  said  line  nine  hundred  and  thirtj-three  and  five- 
tenths  feet  to  a  stake,  being  another  corner  of  said  line  of 
land;  thence  running  east  nine  hundred  and  thirty-three  and 
five-tenths  feet,  to  the  beginning,  containing  twenty  acres, 
more  or  less;  the  said  tract  of  land  being  a  portion  of  the 
north-east  quarter  of  section  12,  township  2,  of  range  7  east, 
the  basis  meridian,  of  the  Chickasaw  Cession  of  land,  in  the  said 
State  of  Mississippi,  originally  entered  by  Benj.  F.  Bradford, 
and  that  the  said  government  of  the  United  States  shall  have 
exclusive  control  and  management  of  said  land  'only  for  the 
purposes  aforesaid,  and  while  used  as  above  specified. 

Referred  to  the  committe  on  Public  Lands. 

Mr.  Phillips  offered  the  following: 


128 


Resolved,  That  Edwin  M.  Stanton,  in  retaining  his  position 
in  the  Cabinet  of  President  Johnson,  after  being  requested  by 
his  Chief  to  resign  and  having  been  charged  by  message  to  the 
United  States  Congress,  with  infidelity  in  office,  and  with  a 
breach  of  official  courtesy  and  confidence,  acts  in  opposition  to 
public  decency  contrary  to  the  theory  of  our  government,  and 
subversion  of  the  peace,  dignity,  and  harmony  of  the  country. 

Which  was  laid  on  the  table. 

Mr.  McKee  offered  the  following: 

Resolved,  That  all  standing  committees  make  a  complete 
report  upon  the  subjects  referred  to  them,  on  or  before  next 
Saturday,  except  the  committee  on  Ordinance  and  Schedule. 

Mr.  Barry  moved  to  lay  on  the  table ; 

Which  was  lost. 

And  the  resolution  of  Mr.  McKee  was  lost. 
Mr.  A.  Johnson  offered  the  •following : 

Whereas,  This  Convention  has  thus  far  occupied  its  time  in 
idle  discussion  of  topics  very  remotely,  if  at  all,  applicable  to 
the  subject  matter  we  were  called  here  to  do — that  of  prepar- 
ing a  Constitution  of  civil  government  for  the  State — and  it  is 
feared  unless  we  are  recalled  at  once  from  our  wanderings,  we 
will  become  subject  to  the  censure  of  our  constituents  and  the 
ridicule  of  our  enemies;  therefore,  be  it 

Resolved,  That  a  committee  of  fifteen  be  elected  by  this 
body  to  prepare  a  Constitution  for  the  State  of  Mississippi, 
and  that  they  be  instructed  to  report  to  this  Convention  in 
three  days. 

Mr.  Morgan  moved  to  lay  on  the  table; 

Which  was  lost. 

Mr.  Corn p ton  moved  to  adjourn; 
Which  was  lost. 

The  President  announced  the  appointment  of  E,  Stafford,  as 
Auditor. 

Special  order  was  the  consideration  of  thereport  of  the  com= 
mittee  on  Printing. 

Mr.  Clarke  moved  to  consider  it  section  by  section ; 
Which  was  lost. 

And  the  report  was  laid  over  until  to-morrow. 
Section  3,  Bill  of  Eights,  was  passed  to  second  reading. 
A  call  of  the  Convention  being  ordered,  a  quorum  was  found 
present. 

Mr.  Clarke  offered  the  following: 

Resolved,  That  no  intoxicating  liquor  shall  be  brought  with- 
in this  hall  or  any  of  the  rooms  connected  therewith,  during 
the  session  of  this  Convention. 

Which  was  adopted. 

Mr.  Holland  offered  the  following: 

Resolved^  That  a  censure  be  voted  on  any  member  who  shall 
come  into  this  hall  in  a  state  of  intoxication,  while  the  Conven- 
tion is  in  session,  and  that  the  Sergeant-at-Arms  be  instructed  to 


129 


lead  such  member  from  the  hall,  and  for  the  second  offense 
such  offender  shall  be  expelled  from  this  body. 

Which  was  adopted. 

Mr.  Alderson  offered  the  following: 

Besplved,  That  Maj.  Gen.  Alvin  C.  Gillem  be  requested  to 
publish  an  order  respecting  the  collection  of  taxes  assessed 
by  this  Convention,  that  will  give  the  collectors  of  the  different 
counties  ample  security  in  the  discharge  of  their  duties  as  offi- 
cers of  this  Convention. 

Which  was  adopted. 

Mr.  Barry  offered  the  following: 

Besolved.  That  the  committee  on  Odinance  and  Schedule  be 
instructed  to  seport  an  ordinance  which  shall  declare  null  and 
void  ail  the  laws  passed,  and  all  the  Acts  and  supplementaries 
thereto,  which  have  been  passed  by  the  previous  Legislatures 
and  Conventions  in  this  State,  except  vested  rights  granted 
prior  to  the  passage  of  the  Ordinance  of  Secession.  January 
9.  1861,  and  all  laws  relating  to  marriage  contracts. 

The  ordinance  to  take  effect  from  and  after  its  passage,  and 
to  remain  in  force  until  amended  or  annulled  by  the  legisla- 
tive authority,  in  pursuance  of  the  Constitution  to  be  adopted 
by  this  Convention. 

Mr.  Hauser  moved  to  refer  to  the  committee  on  General  Pro- 
visions; 

Which  was  lost. 

Mr.  Compton  moved  to  lay  on  the  table; 
Which  was  lost. 

Ami  the  resolution  of  Mr.  Barry  was  adopted. 
Mr.  Vaughan  introduced  the  following: 

Whereas,  There  resides  in  the  town  of  Lafayette,  one  Na- 
thaniel J.  Wilkerson.  almost  totally  blind,  with  a  wife  and  four 
small  children,  who  are  dependent  on  him  for  a  support;  and 

Whereas.  The  said  X.  J.  Wilkerson,  is  a  produce  and  grocery 
merchant,  on  a  small  scale,  in  said  town,  and  comes  under  the 
bill  levying  a  special  tax  to  defray  the  expenses  of  this  Con- 
vention; therefore,  be  it 

Besolved,  That  the  said  X.  J.  Wilkerson,  be,  and  he  is  here- 
by released  and  exempt  from  the  payment  of  said  tax  *for  said 
purposes. 

Which  was  adopted. 

Mr.  Vaughan  offered  the  following : 

Besolved,  That  a  fair  and  speedy  administration  of  justice 
requires  a  reform  in  the  judiciary,  so  as  to  have  a  Circuit 
Court  with  common  law  and  criminal  jurisdiction,  with  quar- 
terly terms,  and  a  court  of  equity  and  probate  jurisdicti  d, 
with  quarterly  terms,  giving  to  the  equity  and  probate  courts 
the  power  in  vacation  to  grant  letters  of  administration,  guar- 
dianship, receive  and  audit  accounts,  and  other  orders,  rules, 
and  uncontested  matters,  subject  to  exceptions  and  adjudica- 
tion by  the  Judge,  at  the  regular  terms. 

Be  it  further  resolved,  That  equally  as  well  qualified  and  effi- 
cient officers  of  the  judiciary  can  be  obtained,  and  at  much 
C--9 


130 


less  expense  to  the  people,  by  having  the  Judges  appointed  by 
the  Governor,  and  confirmed  by  the  Senate,  removable  by  the 
address  of  a  vote  of  two-thirds  of  the  Senate,  and  that  the 
Judges  appoint  their  own  Clerks;  that  the  committee  on  Judi- 
ciary inquire  into  the  expediency  of  making  the  above  changes. 

Referred  to  the  committee  on  J udiciary. 

Mr.  Compton  moved  to  adjourn; 

Which  was  lost. 

Mr.  Fitzhugh  moved  that  the  committee  on  Memorializing 
Congress  to  remove  the  disabilities  from  certain  persons  in 
this  State,  be  instructed  to  investigate  the  claims  of  James  M. 
Miller,  sr.,  and  Wm.  H.  Noble,  jr.,  citizens  of  Wilkinson  county, 
to  be  included  in  the  list  to  be  made  up  by  said  committee. 

Referred,  to  the  committee  on  Memorializing  Congress,  in 
the  matter. 

Mr.  Orr,  of  Harrison,  offered  the  following  resolutions : 

Whereas,  A  Convention,  claiming  to  act  in  the  name  of  the 
State  of  Mississippi,  did,  on  the  9th  day  of  January,  1861, 
pass  an  ordinance  entitled,  an  ordinance  to  dissolve  the  Union 
between  the  State  of  Mississippi  and  other  States  united  with 
her  under  the  compact  entitled  the  Constitution  of  the  United 
States  of  America,  therein  declaring  and  ordaining  the  repeal 
of  "  all  laws  and  ordinances  by  which  the  State  of  Mississippi 
became  a  member  of  the  Federal  Union,  and  absolving  her 
citizens  from  all  allegiance  to  said  government;  and, 

Whereas,  Such  ordinance  of  secession  was  based  upon  an 
unfounded  assumption  of  State  sovereignty  and  a  perverted 
theory  of  State  rights,  and  brought  about  in  the  interest  of 
slavey;  therefore,  be  it 

Resolved,  That  we,  the  people  of  Mississippi,  in  Convention 
assembled,  do  solemnly  denounce  the  doctrines  of  State  rights 
and  State  sovereignty,  interpreted  as  they  have  been  into  a 
justification  of  secession,  as  utterly  subversive  of  our  form  of 
government,  and  tending  to  confusion,  anarchy,  and  national 
destruction.  <, 

Resolved,  That  we  hold  and  maintain  that  our  primary  alle- 
giance is  due  the  government  of  the  United  States;  that  the 
Constitution  and  laws  of  the  United  States  are  the  supreme 
law  of  the  land,  anything  in  the  Constitution  or  laws  of  any 
State  to  the  contrary  notwithstanding;  that  no  State  Conven- 
tion, whether  fairly  representing  the  people  or  not,  has  any 
right,  power,  or  authority  to  absolve  from  that  allegiance,  and 
that  consequently  the  act  commonly  called  the  ordinance  of 
secession  is,  and  always  has  been,  null  and  void. 

Referred  to  committee  on  the  Rill  of  Rights. 

Mr.  Morgan,  of  Yazoo,  offered  the  following: 

Resolved,  That  there  shall  be,  from  and  after  Monday  next, 
two  daily  sessions  of  the  Convention;  the  first,  the  morning 
session,  shall  open  at  9  a.  m.,  and  close  at  1  p.  m.;  the  second, 
the  evening  session,  shall  open  at  3  p.  m.,  and  close  at  6  p.  m, 

A  motion  to  adjourn  was  lost. 

Mr,  Hauser  moved  to  adjourn;  which  was  carried. 


131 


And  the  Convention  adjourned  until  to-morrow  morning  at 
10  o'clock. 

T.  P.  Sears, 
Secretary. 


TWENTY-SECOND  DAY. 

Jackson,  Miss.,  Friday,  January  31st,  1S6S. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam, 
Bonne}T,  Bridges,  Brinson,  Caldwell,  Chapman,  Chappell,  Clarke, 
Combash,  Compton,  Conley,  Cunningham,  Dalton,  Dowd, 
Drane,  Elliott  John,  Elliott  James,  Fawn,  Field,  Fitzhugh, 
Gaither,  Goss,  Handy,  Hauser,  Hemmingway,  Herbert,  Howe, 
Hutto,  Jacobs,  Jamison,  Johnson  S.,  Johnson  A.,  Kerr,  Lawson, 
Leas,  Longmire,  Mayson,  Mask,  Musgrove,  Montgomery,  Miles, 
Merryman,  Moore,  Morgan,  Myers,  Mygatt,  McCutchen,  Mc- 
Kee,  McKnight,  Nesbitt,  Newsom,  Orr,  Ozanue,  Parsons  F., 
Parsons  J.  P.,  Peyton  E.  A.,  Phillips,  Powell,  Quinn,  Railsback, 
Rainey,  Richardson,  Smith,  Stewart,  Stites,  Stricklin,  Stringer, 
Toy,  Yaughan,  Watson,  Warren,  Williams,  Weir,  Woodmansee, 
and  Yeoman — 79. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Castello,  Collins,  Gray,  Jones,  Lack,  Leonard, 
Neilson,  Nelms,  Peyton  E.  G.,  Stovall,  Stiles,  Walker — 13. 

Journal  of  yesterclaj-  read  and  approved. 

The  standing  committees  reported  as  follows: 

The  committee  on  Public  Education  reported  progress. 

The  committee  on  Bill  of  Rights,  through  their  chairman, 
made  the  following  report  as  additional  sections  to  their  orig- 
inal report : 

Section  36.  All  persons,  without  regard  to  race,  color,  or 
previous  condition,  except  Indians  not  taxed,  born  or  natural- 
ized, in  the  United  States,  and  inhabitants  of  this  State  one 
year,  are  citizens  of  this  State. 

Sec.  37.  All  courts  shall  be  open,  and  every  person,  for  an 
injury  done  him  in  his  lands,  goods,  person  or  reputation,  shall 
have  remedy  by  due  course  of  law,  and  justice  administered 
without  denial  or  delay. 

Sec.  38.  The  right  of  all  citizens  to  travel  and  be  entertained, 
shall  not  be  infringed  upon  nor  in  any  manner  abridged  in  this 
State. 

Sec.  39.  No  public  monej'  or  moneys  shall  be  given,  or  funds 
bestowed,  on  any  charitable  or  other  public  institution  in  this 


132 


State  that  makes  any  distinction  among  the  citizens  of  this 
State. 

Sec.  40.  No  distinction  shall  ever  be  made  between  resident 
aliens  and  citizens  in  reference  to  possession,  enjoyment  or 
dissent  of  property. 

Sec.  41.  That  perpetuities  and  monopolies  are  contrary  to 
the  genius  of  the  free  State,  and  shall  not  be  allowed  to  guard 
against  the  transgressions  of  the  high  powers  which  we  have 
delegated,  we  declare  that  everything  in  this  article  excepted 
out  of  the  general  powers  of  government,  shall  ever  remain 
inviolable. 

Mr.  Fitzhugh  moved  to  receive  the  report,  and  print  the  same 
under  the  rules; 
Which  was  carried. 

Leave  of  absence  was  granted  Mr.  Gray  for  five  days. 

The  several  reports  of  the  committee  on  the  Bill  of  Rights 
were  recommitted. 

The  report  of  the  committee  on  Printing  being  under  con 
sideration,  the  same  was,  on  motion,  recommitted,  with  instruc- 
tions to  report  as  soon  as  practicable. 

The  rules  were  suspended  to  allow  the  committee  on  Enroll- 
ment to  report : 

To  the  President  and  Members  of  the  Convention.1 

The  committee  on  Enrollment,  have  examined  Ordinances  Nos, 
4  and  5,  adopted  by  this  Convention,  and  have  instructed  me  to 
report  that  they  have  found  them  correctly  enrolled, 

James  Weir,  Chairman. 
W.  B.  Cunningham  and  others, 
«  Committee. 
Mr.  Clarke  moved  that  no  reporter  shall  be  allowed  within 
the  bar,  who  makes  a  discrimination  in  speaking  of  various 
members  of  the  Convention. 

Mr.  Warren  moved  to  amend  the  motion  of  Mr.  Clarke,  by 
adding,  "and  whoever  shall  offend  in  this  respect,  hereafter, 
shall  be  excluded  by  order  of  the  President,  from  the  floor  of 
this  hall." 

Mr.  Stricklin  offered  to  amend,  by  adding: 

And  when  an  ignorant  man  arises  to  speak,  he  shall  be  called 
by  the  Clarion,  a  fool,  and  that  a  coward  shall  be  called  a 
dunghill; 

Which  was  laid  on  the  table. 

Mr.  Gibbs  moved  to  table  the  original  and  amendments. 
The  yeas  and  nays  were  called  for,  with  the  following  result : 
Yeas — Messrs.  Bridges,  Combash,  Compton,  Cunningham, 
Daiton,  Dowel,  Elliott  John,  Elliott  James,  Field,  Gaither, 
Gibbs,  Hemmingway,  Howe,  Hutto,  Jamison,  Johnson  S.,  Kerr, 
Lack,  Lawson,  Longmire,  Mask,  Montgomery,  McKnight,  Nes- 
bitt,  Parsons  F.,  Peyton  E.  A.,  Phillips,  Quinn,  Rainey,  Richard 
son,  Smith,  Stricklin,  Stiles,  Toy,  Vaughan,  Watson,  and  Yeo- 
man—37. 

Nays — Messrs.  Alderson,  Barry,  Bonney,  Brinson,  Caldwell, 


133 


Clarke,  Drane,  Fawn,  Fitzhugh,  Handy,  Hauser,  Herbert, 
Jacobs,  Johnson  A.,  Leas,  Mayson,  Musgrove,  Miles,  Moore, 
Morgan,  Mygatt,  McKee,  Newsom,  Orr,  Ozanne,  Parsons  J.  R., 
Powell,  Railsback,  Stewart,  Stites,  Stringer,  Warren,  Weir, 
and  Woodmansee — 34. 

Mr.  Weir  moved  to  strike  Mr.  Stricklin's  amendment  from 
the  Journal. 

Mr.  Morgan  moved  to  lay  the  motion  on  the  table. 
Unfinished  business  of  yesterday  coming  up, 
The  resolution  introduced  by  Mr.  Morgan,  on  yesterda}7,  pro- 
viding for  the  holding  of  two  sessions  daily,  came  up; 
Mr.  Howe  moved  to  amend,  as  follows : 

Resolved,  That  rule  number  52,  be  so  amended  as  to  read: 
The  Convention  shall  hold  two  sessions  daily,  Sundays  excepted; 
a  morning  session,  which  shall  meet  at  9  a.  m.,  and  adjourn  at  1 
p.  m.,  and  an  evening  session,  which  shall  meet  at  3  p.  m.,  and 
adjourn  at  5  p.  m.,  unless  otherwise  ordered. 

Mr.  Morgan  accepted  the  amendment. 

Mr.  Hauser  moved  to  lay  on  the  table. 

Mr.  Stiles  offered  an  amendment,  as  follows: 

That  the  morning  sessions  be  devoted  to  extra  gas  and  bun- 
combe resolutions,  and  spread-eagle  speeches;  the  evening  ses- 
sions exclusively  to  business. 

Mr.  Stringer  offered  the  following : 

Resolved,  That  we  will  entertain  no  business  except  reports 
of  committees. 

Which  was  laid  on  the  table. 

Mr.  Howe  moved  the  previous  question;  which  was  sus- 
tained. 

Mr.  Morgan  called  for  the  yeas  and  nays  on  the  adoption  of 
the  resolution,  which  resulted  as  follows : 

Yeas — Messrs.  Alderson,  Ballard,  Barry,  Beam,  Bonney, 
Brinson,  Caldwell,  Clarke,-  Compton,  Conle}^,  Dalton,  Dowd, 
Drane,  Elliott  James,  Elliott  James,  Field,  Gaither,  Gibbs, 
Handy,  Hemmingway,  Howe,  Hutto,  Johnson  S.,  Johnson  A., 
Kerr,  Lawson,  Leonard,  Lougmire,  Ma37son,  Musgrove,  Miles, 
Moore,  Morgan,  McKee,  Nesbitt,  Newsom,  Ozanne,  Parsons  of 
Hinds,  Peyton  of  Hinds,  Phillipss  Powell^  Railsback,  Rainey, 
Richardson,  Smith,  Stewart,  Stites,  Stringer,  Toy,  Vaughan, 
Warren,  Williams,  Yeoman — 53. 

Nays — Messrs,  Bridges,  Chappell,  Cunningham,  Castello, 
Fitzhugh,  Hauser,  Herbert,  Jacobs,  Montgomery,  Mygatt, 
McKnight,  Orr,  Parsons  of  Adams,  Stricklin,  Stiles,  Watson, 
Weir,  Woodmansee — 18. 

Report  of  committee  to  Memorialize  Congress  in  reference 
to  the  Cotton  Tax^  coming  up  for  consideration,  after  being  read, 

Mr.  Clarke  offered  the  following: 

Resolved,  That  a  copy  of  these  resolutions  be  signed  by  the 
President  and  Secretary  of  the  Convention,  and  forwarded  to 
the  President  of  the  Senate  and  Speaker  of  the  House  of  Rep- 
resentatives of  the  United  States  Congress. 

Which  was  adopted 


134 


Mr.  Peyton's  preamble  and  resolutions  in  reference  to  recon- 
struction, coming  up,  Mr.  Montgomery  moved  to  lay  on  the 
table; 

Which  was  carried. 

Under  the  resolution  of  Mr.  Hauser,  introduced  and  adopted 
on  yesterday,  in  reference  to  the  appointment  of  a  commit- 
tee to  draft  a  Constitution,  the  President  appointed : 

Mr.  Hauser,  of  Kemper; 

Mr.  John  Elliott,  of  Monroe; 

Mr.  Stringer,  of  Warren; 

Mr.  Barry,  of  Holmes; 

Mr.  Weir,  of  Oktibbeha; 

Mr.  Drane,  of  Madison ; 

Mr.  Yeoman,  of  Wayne; 

Mr.  Holland,  of  Oktibbeha; 

Mr.  Warren,  of  Leake; 

The  President  decided  that  the  Convention  should  adjourn 
under  the  rules,  this  a.  m. 

Mr.  McKee  appealed  from  the  decision  of  the  Chair,  and 
the  Chair  was  sustained. 

AFTERNOON  SESSION. 

Mr.  Gibbs  moved  to  read  the  Journal  of  this  morning,  and 
on  vote  of  the  Convention,  it  was  dispensed  with. 

Mr.  Gibbs  moved  that  the  resolution  of  Mr.  Morgan,  offered 
yesterday,  be  read  for  information; 

Which  was  carried. 

Mr.  Gibbs  moved  to  reconsider  the  vote  by  which  the  reso- 
lution of  Mr.  Howe  was  adopted ; 
Which  was  carried. 

Mr.  McKee's  amendment  to  Mr.  Howe's  resolution  was 
accepted,  viz: 

This  rule  to  take  effect  on  and  after  Monday  next. 

Mr.  Cunningham  moved  to  lay  amendment  and  original  on 
the  table. 

The  yeas  and  nays  being  called,  the  following  was  the 
result : 

Yeas — Messrs.  Alcorn,  Ballard,  Beam,  Bridges,  Brinson, 
Caldwell,  Chapman,  Clarke,  Compton,  Conley,  Cunningham, 
Dalton,  Drane,  Fawn,  Fitzhugh,  Gaither,  Hauser,  Jacobs, 
Jamison,  Johnson,  Mask,  Montgomery,  McKee,  McKnight, 
Nesbitt,  Newsom,  Orr,  Parsons  F.,  Peyton  E.  A.,  Powell, 
Quinn,  Smith,  Stewart,  Stiles,  Watson,  Weir,  and  Woodman- 
see— 37. 

Nays— Messrs.  Bonney,  Dowd,  Gibbs,  Handy,  Howe,  Hutto, 
Lack,  Musgrove,  Moore,  Morgan,  Parsons  J.  P.,  Phillips, 
Railsback,  Rainey,  Richardson,  Stites,  Stringer,  Toy,  Warner 
and  Yeoman — 20. 

Convention  adjourned  to  meet  at  10  o'clock  to-morrow. 

T.  P.  Sears, 
Secretary. 


135 


TWENTY-THIRD  DAY. 

Jackson,  Miss.,  Saturday,  February  1st,  1868, 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered, 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Caldwell.  Castello,  Chapman,  Chappell. 
Clarke,  Combash,  Compton,  Conley,  Cunningham,  Dalton. 
Dowd,  Drane,  Elliott  John,  Elliott  James,  Fawn,  Fitzhugh. 
Gaither,  Gibbs,  Handy,  Hauser,  Hemmingway,  Herbert,  Howe, 
Hutto,  Jacobs,  Jamison,  Johnson  S.,  Johnson  A.,  Jones,  Kerr, 
Lack,  Lawson,  Leonard,  Longmire,  Mayson,  Mask,  Musgrove, 
Montgomery,  Miles,  Moore,  Morgan,  Myers,  Mygatt,  McKee. 
McKnight,  Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons 
J.  P.,  Peyton,  E.  A.,  Phillips,  Powell,  Quinn,  Railsback,  Rainey, 
Richardson,  Smith,  Stewart,  Stites,  Stricklin,  Stringer,  Stiles. 
Toy,  Vaughan,  Warren,  Weir,  Williams,  Woodmansee,  and 
Yeoman — 79. 

The  following  delegates  were  absent: 

Messrs.  Brinson,  Collins,  Field,  Goss,  Gray,  Holland,  Leas, 
Merry  man,  McCutchen,  Neilson,  Nelms,  Peyton  E,  G.,  S  to  vail. 
Townsend,  Walker,  Watson — 15. 

Leave  of  absence  was  granted  to  the  following  named  gen- 
tlemen, for  the  period  affixed  to  their  names:  Mr.  Leas,  for 
five  days;  Mr.  Brinson,  for  five  days;  Mr.  Watson,  for  five 
clays;  Mr.  Morgan,  for  five  days;  Mr,  Phillips,  from  the  third, 
one  week  ;  Mr.  Field,  for  five  days. 

To  the  President  of  the  31ississippi  Constitutional  Convention: 

Sir — As  I  am  unwell  and  unable  to  be  present,  I  would  most 
respectfully  ask  that  Captain  Lawson  be  appointed  clerk  for 
the  committee  on  County  Boundaries,  and  ask  that  the  ap- 
pointment date  from  the  30th  instant. 

Yours,  truly, 

G.  H.  Holland. 
Reports  of  committees  being  called  for,  the  Judiciary  made 
the  following  report :  , 

Mr.  President  :  The  committee  on  the  Judiciaiy  respect- 
fully submit  the  following  report,  and  ask  that  it  be  made 
part  of  the  Constitution  of  the  State  of  Mississippi,  as  article  1 ; 

G.  C.  McKee,  Chairman. 
J.  Railsback, 

W.  B.  Cunningham,  and  others, 
JUDICIARY. 

Section  1.  The  Judicial  power  of  this  State  shall  be  vested 
in  one  High  Court  of  Errors  and  Appeals,  and  such  other 
courts  of  law  and  equity  as  are  hereafter  provided  for  in  this 
Constitution. 


136 


Sec.  2.  The  High  Court  of  Errors  and  Appeals  shall  con- 
sist of  three  Judges,  any  two  of  whom,  when  convened,  shall 
form  a  quorum.  The  Legislature  shall  divide  the  State  into 
three  Districts,  and  the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate,  shall  appoint  one  Judge  for  each  Dis- 
trict. 

Sec.  3.  The  office  of  one  of  said  Judges  shall  be  vacated  in 
three  years,  one  in  six  years,  and  one  in  nine  years ;  so  that  at 
the  expiration  of  every  three  years,  one  of  said  Judges  shall 
be  appointed  as  aforesaid.  The  term  of  office  of  the  Judges  of 
the  High  Court  of  Errors  and  Appeals  shall  be  nine  years. 

Sec  4.  The  High  Court  of  Errors  and  Appeals  shall  have 
no  jurisdiction  but  such  as  properly  belongs  to  a  Court  of 
Errors  and  Appeals, 

Sec.  5,  All  vacancies  which  may  occur  in  said  Court,  from 
death,  resignation,  or  removal,  shall  be  filled  by  appointment 
as  aforesaid;  Provided,  however,  That  if  a  vacancy  shall  occur 
during  the  recess  of  the  Legislature,  the  Governor  shall  ap- 
point a  successor,  who  shall  hold  his  office  till  the  next  meet- 
ing of  the  Legislature. 

Sec  6.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  High  Court  of  Errors  and  Appeals,  who  shall  not  have 
attained  the  age  of  thirty  years  at  the  time  of  his  appointment, 
and  who  shall  not  have  been,  for  two  years  immediately  pre- 
ceding, a  citizen  of  the  State,  and  six  months  a  resident  of  the 
District  for  which  he  shall  be  appointed,  and  for  five  years  an 
attorney  at  law. 

Sec  7.  The  High  Court  of  Errors  and  Appeals  shall  be  held 
at  least  once  a  year  in  each  District,  at  such  place  therein  as  the 
Legislature  ma}r,  by  law,  direct;  and  all  causes  shall  be  heard 
in  the  District  in  which  they  arise. 

Sec  8,  Immediately  upon  the  first  appointment  of  Judges, 
as  aforesaid,  the  Governor,  in  the  presence  of  and  with  the 
assistance  of  the  President  of  the  Senate,  and  the  Secretary  of 
State,  shall  determine  by  lot  which  of  said  Judges  shall  serve 
for  the  term  of  three  years,  and  which  shall  serve  for  the  term 
of  six  years,  and  which  shall  serve  for  the  term  of  nine  years. 
And  it  shall  be  the  duty  of  the  Governor  to  issue  commissions 
accordingly.  , 

Sec  9.  No  Judge  of  said  court  shall  sit  on  the  trial  of  any 
cause  where  the  parties  or  either  of  them,  shall  be  connected 
with  him  by  affinity  or  consanguinity,  or  where  he  may  be  in- 
terested in  the  same,  except  by  consent  of  the  Judge  and  of 
the  parties;  and  whenever  a  quorum  of  said  court  are  situated 
as  aforesaid,  the  Governor  of  the  State  shall,  in  such  cases^ 
specially  commission  two  or  more  men  of  law  knowledge  for 
the  determination  thereof. 

Sec  10.  The  Judges  of  said  court  shall  receive  for  their  ser- 
vices a  compensation  to  be  fixed  by  law,  which  shall  not  be 
diminished  during  their  continuance  in  office 

Sec  11.  The  Judges  of  the  Circuit  Courts  shall  be  appointed 


137 


by  the  Governor,  with  the  advice  and  consent  of  the  Senate, 
and  shall  hold  their  term  of  office  for  six  years. 

Sec.  12.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  Circuit  Court,  who  shall  not  at  the  time  of  his  appointment, 
have  attained  the  age  of  twenty-six  years,  and  shall  have  been 
two  years  a  citizen  of  the  State,  and  six  months  an  inhabi- 
tant of  the  district  for  which  he  may  have  been  appointed,  and 
shall  have  been  for  two  years  an  attorney  at  law. 

Sec.  13.  The  State  shall  be  divided  into  convenient  judicial 
districts,  and  each  district  shall  not  contain  not  more  than  five 
counties. 

Sec-  14.  Circuit  Courts  shall  have  original  jurisdiction  in  all 
matters,  civil  and  criminal,  within  this  State;  but  in  civil  cases 
only,  when  the  principal  of  the  amount  in  controversy  exceeds 
fifty  dollars. 

Sec.  15.  A  Circuit  Court  shall  be  held  in  each  county  of 
this  State  at  least  four  times  in  each  year,  and  the  Judges  of 
said  Courts  may  interchange  circuits  with  each  other  in  such 
manner  as  may  be  prescribed  by  law;  and  shall  receive  for 
their  services  a  compensation  to  be  fixed  by  law,  which  shall 
not  be  diminished  during  their  continuance  in  office. 

Sec.  16.  A  Chancery  Court  shall  be  established  with  full  juris- 
diction in  all  matters  of  equity,  and  in  all  matters  testamentary 
and  of  administration  in  orphans'  and  minors*  business,  and 
allotments  of  dower  in  cases  of  idiocy  and  lunacy,  and  of  per- 
sons non  compos  mentis;  also  in  all  cses  of  divorce  and 
alimony,  and  all  other  matters  pertaining  to  a  court  of  chan- 
cery jurisdiction. 

Sec.  17.  The  Legislature  shall  divide  the  State  into  a  conven- 
ient number  of  Chancery  Districts,  to  be  composed  of  not 
more  than  five  counties.  A  Chancellor  shall  be  appointed  in 
the  same  manner  as  Circuit  Judges  are  appointed,  with  the 
same  qualifications,  and  to  hold  his  office  for  the  same  length 
of  time,  and  shall  receive  such  compensation  as  may  be  fixed 
by  law;  which  shall  not  be  diminished  during  his  continuance 
in  office.  He  shall  preside  over  the  Chancery  and  Probate 
Courts. 

Sec  IS.  The  Clerk  of  the  High  Court  of  Errors  and  Appeals 
shall  be  appointed  by  said  Court  for  the  term  of  four  years, 
and  the  Clerks  of  the  Circuit,  Chancery  and  other  inferior 
Courts  shall  be  elected  by  the  qualified  electors  of  their  several 
counties  of  their  respective  districts,  and  shall  hold  their  office 
for  the  term  of  four  years.  The  Legislature  shall  provide  by 
law  what  duties  shall  be  performed  by  the  Clerk  of  the  Chan- 
cery and  Probate  Courts  during  vacation,  subject  to  the  revision 
and  approval  of  the  Chancellor. 

Sec.  19.  The  style  of  all  process  shall  be.  ';  The  State  of 
Mississippi."  and  all  prosecutions  shall  be  carried  on  in  the 
name  and  by  the  authority  of  "The  State  of  Mississippi." 
and  shall  conclude  "  against  the  peace  and  dignity  of  the 
same." 

Sec  20.  The  qualified  electors  of  each  county  shall  elect  five 


138 


persons  by  districts,  for  the  term  of  two  years,  who  shall  consti- 
tute a  Board  of  Police  for  each  county,  ancajority  of  whom  may 
transact  business;  which  body  shall  have  full  jurisdiction  over 
roads,  highways,  ferries,  and  bridges,  and  all  other  matters  of 
County  Police,  and  shall  order  all  county  elections,  to 
fill  vacancies  that  may  Occur  in  the  offices  of  their  respective 
counties.  The  Clerk  of  the  Chancery  and  Probate  Courts  of 
each  county  shall  be  the  Clerk  of  such  Board  of  County 
Police. 

Sec.  21.  No  person  shall  be  eligible  as  a  member  of  said 
board  who  shall  not  have  resided  one  year  in  the  county,  but 
this  qualification  shall  not  extend  to  such  new  counties  as  may 
hereafter  be  established,  until  one  year  after  their  organization, 
and  all  vacancies"  that  may  occur  in  said  Board,  shall  be  sup- 
plied by  election  as  aforesaid,  to  fill  the  unexpired  term. 

Sec.  22.  The  Judges  of  all  the  Courts  of  this  State,  and  also 
the  members  of  the  Boards  of  County  Police  shall,  by  virtue 
of  office,  be  conservators  of  the  peace,  and  shall  be  by  law 
vested  with  ample  powers  in  that  respect. 

Sec.  23.  A  competent  number  of  Justices  of  the  Peace  and 
Constables,  shall  be  chosen  in  each  county,  by  the  qualified 
electors  thereof,  b}^  districts,  who  shall  hold  their  offices  for 
the  term  of  two  years;  the  jurisdiction  of  Justices  of  the 
Peace,  shall  be  limited  to  causes  in  which  the  principal  of  the 
amount  in  controversy,  shall  not  exceed  the  sum  of  fifty  dol- 
lars; in  all  causes  tried  by  a  Justice  of  the  Peace,  the  right  of 
appeal  shall  be  secured  under  such  rules  and  regulations  as 
shall  be  prescribed  by  law. 

Sec  24.  The  Legislature  shall,  from  time  to  time,  establish 
such  other  inferior  courts  as  may  be  necessary,  and  abolish 
the  same  whenever  they  shall  deem  it  expedient. 

Sec.  25.  There  shall  be  an  Attorney  General  elected  by  the 
qualified  electors  of  the  State,  and  a  competent  number  of  Dis- 
trict Attorneys  shall  be  elected  by  the  qualified  electors  of  the 
respective  Districts,  whose  term  of  service  shall  be  four  years, 
and  whose  compensation  shall  be  prescribed  by  law. 

Sec  26.  The  Legislature  shall  provide  by  law  for  determining 
contested  elections. 

Sec  27.  The  Judges  of  the  several  courts  of  this  State,  for 
wilful  neglect  of  duty,  or  other  reasonable  cause,  shall  be 
removed  by  the  Governor,  on  the  r  ddress  of  both  houses  of 
the  Legislature — the  address  to  be  by  joint  vote  of  both 
houses.  The  cause  or  causes  for  which  said  removal  shall  be 
required  shall  be  stated  at  length  in  such  address  and  on  the 
Journals  of  both  houses.  The  Judge  so  intended  to  be 
removed  shall  be  notified  and  admitted  to  a  hearing  in  his  own 
defense  before  any  vote  for  such  address  shall  pass.  The  vote 
on  such  address  shall  be  taken  by  yeas  and  nays,  and  entered 
on  the  Journal  of  each  house. 

Sec  28.  Clerks,  Sheriffs,  and  other  county  officers,  for  wilful 
neglect  of  duty,  or  misdemeanor  in  office,  shall  be  liable  to 


139 

presentment  or  indictment  by  a  grand  jury  and  trial  by  petit 
jury,  and  upon  conviction,  shall  be  removed  from  office. 

3Ir.  Musgrove  moved  to  receive  and  print  one  hundred  copies ; 

Which  was  carried. 

The  committee  on  the  Executive  Department  made  the  fol- 
1  owing  report. 

To  the  President  and  Delegates  of  the  Convention  : 

Your  committee  on  the  Executive  Department  beg  leave  to 
submit  the  following  report,  to- wit : 

EXECUTIVE  DEPARTMENT. 

Section  1.  The  chief  executive  power  of  this  State  shall  be 
vested  in  a  Governor,  who  shall  hold  his  office  for  four  years 
from  the  time  of  his  installation. 

Sec.  2.  The  Governor  shall  be  elected  by  the  qualified  elec- 
tors of  the  State.  The  returns  of  every  election  for  Governor 
shall  be  sealed  up  and  transmitted  to  the  seat  of  goverment, 
directed  to  the  Secretary  of  State,  who  shall  deliver  them  to 
the  Speaker  of  the  House  of  Representatives  at  the  next  ensu- 
ing session  of  the  Legislature,  during  the  first  week  of  which 
session  the  said  Speaker  shall  open  and  publish  them  in  the 
the  presence  of  both  houses  of  the  Legislature.  The  person 
having  the  highest  number  of  votes  shall  be  Governor ;  but  if 
two  or  more  shall  be  equal  and  highest  in  votes,  then  one  of 
them  shall  be  chosen  Governor  by  the  joint  ballot  of  both 
houses  of  the  Legislature.  Contested  elections  for  Governor 
shall  be  determined  by  both  houses  of  the  Legislature  in  such 
manner  as  shall  be  prescribed  by  law. 

.  Sec.  3.  The  Governor  shall  be  at  least  thirty  years  of  age, 
and  shall  have  been  a  citizen  of  the  United.  States  twenty 
years;  shall  have  resided  in  this  State  two  }7ears  next  preceding 
the  day  of  his  election,  and  shall  not  be  eligible  to  that  office  a 
second  term. 

Sec  4.  He  shall  receive  for  his  services  the  sum  of  five 
thousand  dollars  a  }*ear,  payable  quarterly,  until  otherwise 
provided  for  by  law. 

Sec  5.  He  shall  be  commancler-in-chief  of  the  army  and 
navy  of  the  State,  and  of  the  militia,  except  when  they  shall  be 
called  into  the  service  of  the  United  States. 

Sec  *6.  He  may  require  information  in  writing  from  the  offi- 
cers in  the  Executive  Department,  on  any  subject  relating  to 
the  duties  of  their  respective  offices. 

Sec  7.  He  may,  in  cases  of  emergency,  convene  the  Legis- 
lature at  the  seat  of  governmant,  or  at  a  different  place  if  that 
shall  have  become,  since  their  last  adjournment,  dangerous 
from  an  enemy  or  from  disease;  and  in  case  of  disagreement 
between  the  two  houses  with  respect  to  the  time  of  adjourn- 
ment, shall  adjourn  them  to  such  time  as  he  may  think  proper, 
not  bej'ond  the  day  of  the  next  stated  meeting  of  the  Legisla- 
ture. 


140 


Sec.  8.  He  shall,  from  time  to  time,  give  to  the  Legislature 
information  of  the  state  of  the  government,  and  recommend  to 
their  consideration  such  measures  as  he  may  deem  necessary 
and  expedient. 

Sec  9.  It  shall  be  his  duty  to  see  that  the  laws  are  faithfully 
executed. 

Sec.  10.  In  all  criminal  and  penal  cases,  except  in  those  of 
treason  and  impeachment,  he  shall  have  power  to  grant  reprieves 
and  pardons,  and  remit  fines,  and  in  cases  of  forfeiture,  to  stay 
the  collection  until  the  end  of  the  next  session  of  the  Legisla- 
ture, and  to  remit  forfeitures  by  and  with  the  advice  and  con- 
sent of  the  Senate.  In  cases  of  treason,  he  shall  have  power 
to  grant  reprieves,  by  and  with  the  advice  and  consent  of  frhe 
Senate,  but  may  respite  the  sentence  until  the  end  of  the  next 
session  of  the  Legislature. 

Sec  11.  All  commissions  shall  be  in  the  name  and  by  authority 
of  the  State  of  Mississippi,  be  sealed  with  the  great  seal,  and 
signed  by  the  Governor,  and  be  attested  by  the  Secretary  of 
State. 

Sec  12.  All  vacancies  not  provided  for  in  this  Constitution, 
shall  be  filled  in  such  manner  as  the  Legislature  may  prescribe. 

Sec  13.  There  shall  be  a  Lieutenant  Governor,  who  shall  be 
elected  at  the  same  time,  in  the  same  manner,  and  for  the  same 
term,  and  shall  possess  the  same  qualifications  as  the  Governor, 

Sec  14.  He  shall,  by  virtue  of  his  office,  be  President  of  the 
Senate.  In  Committee  of  the  Whole  he  may  debate  on  all 
questions,  and  when  there  is  an  equal  division  in  the  Senate,  or 
in  a  joint  vote  of  both  houses,  he  shall  give  the  casting  vote. 

Sec  15.  He  shall  receive  for  his  services,  while  presiding 
over  the  Senate,  fifteen  dollars  per  diem,  and  the  same  mileage 
as  a  Senator. 

Sec  16.  When  the  office  of  Governor  shall  become  vacant, 
by  death  or  otherwise,  the  Lieutenant  Governor  shall  possess 
the  powers,  and  discharge  the  duties  of  said  office,  and  receive 
the  same  compensation  as  the  Governor,  during  the  remainder 
of  said  term.  When  the  Governor  shall  be  absent  from  the 
State,  or  unable,  by  protracted  illness,  to  perform  the  duties  of 
Ms  office,  the  Lieutenant  Governor  shall  discharge  the  duties 
of  said  office,  and  receive  said  compensation,  until  the  Gov- 
ernor be  able  to  resume  his  duties.  But  if  from  disability,  or 
otherwise,  the  Lieutenant  Governor  shall  be  incapable,  of  per- 
forming said  duties,  or  if  he  be  absent  from  the  State,  the 
President  of  the  Senate,  pro  tempore,  shall  act  in  his  stead; 
but  if  there  be  no  such  President,  or  if  he  be  disqualified  by 
like  disability,  or  he  be  absent  from  the  State,  then  the  Speaker 
of  the  House  of  Regresentatives  shall  assume  the  office  of 
Governor,  and  perform  said  duties,  and  receive  the  same  com- 
pensation as  the  Governor,  and  in  case  of  the  inability  of  the 
foregoing  officers  to  discharge  the  duties  of  the  Governor,  the 
Secretary  of  State  shall  convene  the  Senate  to  elect  a  President 
pro  tempore. 

Sec  17.  In  case  the  election  for  Lieutenant  Governor  shall 


141 


be  contested,  it  shall  be  decided  in  the  same  manner  as  that  of 
the  Governor. 

Sec.  18.  The  Secretary  of  State  shall  be  elected  by  the  quali- 
fied electors  of  the  State,  and  shall  be  twent3~-nve  years  of  age. 
and  a  citizen  of  the  State  one  year  at  the  time  of  his  election, 
and  shall  continue  in  office  during  the  term  of  fovx  years.  He 
shall  keep  a  fair  register  of  all  the  official  acts  and  proceedings 
of  the  Governor,  and  shall,  when  required,  lay  the  same,  and  all 
papers,  minutes,  and  vouchers  relative  thereto,  before  the  Leg- 
islature, and  shall  perform  such  other  duties  as  may  be  required 
of  him  by  law. 

Sec.  19.  There  shall  be  a  Seal  of  this  State,  which  shall  be 
kept  and  used  by  him  officially,  and  be  called  the  Great  Seal  of 
the  State  of  Mississippi. 

Sec.  20.  Every  bill  which  shall  have  passed  both  houses  of 
the  Legislature,  shall  be  presented  to  the  Governor:  if  he  ap- 
prove, he  shall  sign  it ;  but  if  not,  he  shall  return  it,  with  his 
objections,  to  the  house  in  which  it  shall  have  originated, 
which  shall  enter  the  objections  at  large  upon  their  Journals 
and  proceed  to  reconsider  it:  if.  after  such  reconsideration, 
two-thirds  of  the  house  shall  pass  the  bill  it  shall  be  sent  with 
the  objections  to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered:  if  approved  by  two-thirds  of  that  house,  it  shall 
become  a  law:  but  in  such  case  the  vote  of  both  houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the  mem- 
bers voting  for  and  against  the  bill,  shall  be  entered  on  the 
Journals  of  each  house  respectively:  if  any  bill  shall  not  be 
returned  by  the  Governor  within  sis  days  (Sundays  excepted), 
after  it  shall  have  been  presented  to  him.  the  same  shall  become 
a  law.  in  like  manner  as  if  he  had  signed  it.  unless  the  Legis- 
lature, by  their  adjournment,  prevent  its  return,  in  which  case 
it  shall  not  become  a  law. 

Sec  21.  Every  order,  resolution,  or  vote,  to  which  the  con- 
currence  of  both  houses  may  be  necessary,  except  resolutions 
for  the  purpose  of  obtaining  the  joint  action  of  both  houses, 
and  on  questions  of  adjournment,  shall  be  presented  to  the 
Governor,  and,  before  it  shall  take  effect,  be  approved  by  him: 
or,  being  disapproved,  shall  be  repassed  lyv  both  houses,  ac- 
cording to  the  rules  prescribed  in  the  case  of  a  bill. 

Sec  22.  A  Sheriff  and  one  Coroner,  a  Treasurer.  Surveyor 
and  Ranger,  shall  be  elected  in  each  county  by  the  qualified 
electors  thereof,  who  shall  hold  their  offices  for  two  years,  un- 
less sooner  removed. 

Sec  23.  A  State  Treasurer,  and  Auditor  of  Public  Accounts 
shall  be  elected  by  the  qualified  electors  of  the  State,  who  shall 
hold  their  offices  for  the  term  of  four  years,  unless  sooner 
removed,  and  shall  possess  the  same  qualifications  as  the  Sec- 
retary of  State. 

Sec  24.  All  officers  named  in  this  article  shall  hold  their 
offices  during  the  term  for  which  they  were  elected,  and  until 
their  successors  shall  be  duly  qualified  to  enter  on  the  dis- 
charge of  their  respective  duties. 


142 


Sec.  25.  The  Secretary  of  State  shall  receive  for  his  services 
the  sum  of  dollars;  the  Treasurer,  and  Auditor  of  Pub- 
lic Accounts,  each,  shall  receive  dollars  per  year,  until 

otherwise  provided  by  law. 

Respectfully  submitted, 

A.  Alderson,  Chairman. 
A.  Mygatt, 

C.  W.  FlTZHUGH, 

W.  Lawson. 

Mr.  Hemmingway,  of  the  same  committee,  submitted  the 
following  as  a  minority  report: 

To  the  President  and  Delegates  of  the  Convention: 

The  undersigned  members  of  the  committee  on  the  Execu- 
tive Department,  beg  leave  to  submit  the  following  minority 
report,  to-wit: 

That  they  concur  fully  with  the  plan  proposed  in  the  major- 
ity report,  except  in  two  instances,  viz:  that,  instead  of  two 
years,  five  years  residence  in  the  State,  should  be  necessary  to 
eligibility  for  the  office  of  Governor,  and  that  the  salaries  of 
the  various  officers  specified  in  said  report  should  be  fixed 
respectively,  as  follows: 

Governor,  $4,000; 

Secretary  of  State,  $2,000; 

Treasurer,  $2,000; 

Auditor  of  Public  Accounts,  2,000. 

All  of  which  is  respectfully  submitted. 

Wm.  L.  Hemmingway, 

G.  E.  LONGMIRE, 

J.  H.  Kerr, 
Stephen  J ohnson. 
The  reports  of  the  majority  and  minority  were  received,  and 
one  hundred  copies  ordered  to  be  printed. 

The  chairman  of  the  committee  on  Printing  submitted  the 
following  letter: 

Jackson,  Miss.,  Jan.  31st,  1868. 
To  the  Hon.  President  and  Members  of  the  Convention: 

Gentlemen — The  undersigned,  chairman  of  the  committee  on 
Printing,  would  respectfully  represent  that  he  has  been  called 
upon  by  the  Official  Printer  to  certify  to  the  printing  of  various 
ordinances,  resolutions,  reports  of  committees,  and  other 
matter.  That  upon  casual  examination,  he  finds  there  has  been 
quite  a  large  amount  of  printing  done,  of  which  he  has  no 
personal  knowledge,  and  consequently  declines  certifying  to 
the  correctness  of  the  same. 

The  mode  of  proceeding  in  relation  to  printing  heretofore 
performed,  appears  irregular,  tending  to  confusion  of  accounts 
and  unnecessary  expense. 

He  would,  therefore,  suggest  that  all  printing  be  furnished 
the  Official  Printer  through  your  committee,  and  that  no  work 
be  executed  by  the  Official  Printer  unless  a  copy  of  the  resolu- 


143 


tion  wherein  said  work  is  ordered  shall  accompany  the  same. 
By  adopting  these  suggestions.  your  committee  would  have 
cognizance  of  the  entire  matter,  and  believe  the  result  would 
be  satisfactory  to  your  honorable  body. 

He  would  also  suggest,  that  your  committee  be  authorized 
to  fully  investigate  the  claims  of  the  Official  Printer  for  work 
already  performed,  and  report  the  result  to  this  Convention. 

Very  respectfully. 

Your  obt.  serv't. 

Benj.  H.  Ore. 
Mr.  Morgan,  of  Yazoo,  moved  to  receive  the  report; 
Which  was  carried. 

Committee  on  Public  Education  reported  progress. 

REPORT  OF  THE  SELECT  COMMITTEE  IN  REFERENCE  TO  THE  SECUR- 
ING OF  TRANSPORTATION  FOR  CERTAIN  PERSONS,  AND  CONFER- 
RING WITH  GENERAL  GILLEM  IN  REFERENCE  TO  THE  SAME. 

To  the  Son.  President  and  Members  of  the  Constitutional 
Convention  : 

Gentlemen — Your  committee  appointed  to  confer  with  the 
General  Commanding  Fourth  Military  District,  beg  leave  to 
report  that,  in  obedience  to  the  resolution  creating  the  com- 
mittee, they  have  corresponded  with  Brevet  Major-General 
Gillem  in  relation  to  the  transportation  of  destitute  freedmen 
to  their  homes,  and  have  received  from  him  the  letter  herewith 
submitted,  which  is  made  a  part  of  this  report.  And  your 
committee  beg  leave  to  be  discharged. 

Respectfully  submitted. 

J.  A.  Moore. 

Chairman. 
C.  W.  Fitzhugh, 
T.  W.  Stringer, 

Committee. 

Headqr's.  4th  Miliitary  District  Miss,  and  Arkansas.) 

Yicksburg,  Miss.,  January  29th,  1868.  ) 

To  Messrs.  Chas.  W.  Fitzhugh,  J.  A.  Moore,  and  Thos.  W. 
Stringer,  Committee  Constitutional  Convention,  State  of  Mis- 
sissippi : 

Gentlemen — The  General  Commanding  directs  me  to  ac- 
knowledge the  receipt  of  your  communication  of  the  25th 
inst.,  with  a  copy  of  a  resolution  of  the  Constitutional  Con- 
vention of  Mississippi,  of  the  same  date  enclosed,  representing 
that  "  there  are  now  in  this  State  many  persons  who  are  in  a 
destitute  condition — many  who,  while  slaves,  were  forced  far 
from  their  homes  and  friends,  and  have  never  been  able  to 
return:  others  who  have  been  induced  by  promises  of  liberal 
compensation  for  labor  to  leave  families  and  friends,  and  now 
are  cast  out  on  the  cold  charities  of  the  world,  without  money, 
far  from  friends  who  might  afford  them  temporaiy  relief — and 


144 


in  view  of  these  circumstances  requesting  that  the  General 
Commanding  issue  such  orders  as  he  may  deem  necessary  for 
their  relief,  and  furnish  such  means  as  may  be  at  his  command 
to  enable  them  to  go  to  their  homes  and  friends." 

In  reply,  I  am  directed  to  say  that  it  has  been,  and  is  yet, 
the  custom  of  the  General  Commanding,  as  Assistant  Com- 
missioner of  the  Bureau  of  Refugees,  Ereedmen  and  Aban- 
doned Lands,  State  of  Mississippi,  to  furnish  children  with 
transportation  to  their  parents  or  relations  desiring  to  take 
charge  of  them.  Transportation  has  also  been  furnished  for 
such  destitute  persons  as  were  likely  to  become  a  charge  on 
the  Government  to  places  where  employment  might  be  obtained, 
or  they  be  provided  for  by  their  friends.  It  is  not  deemed 
expedient  to  extend  this  custom  beyond  the  class  of  persons 
above  alluded  to,  to  children  and  destitute  persons,  unable  to 
provide  a  support  by  labor. 

To  return  the  colored  people  of  Mississippi  to  the  places  of 
their  birth,  or  as  expressed  by  the  resolution,  to  their  homes 
and  friends,  would  require  a  million  of  dollars. 

Every  assistance  will  be  given  in  providing  homes  and  labor 
for  the  persons  alluded  to  in  the  resolution. 

I  am,  gentlemen,  very  respectfully, 

Your  obedient  servant, 

John  Tyler, 

1st  Lieut.  43cZ  XT.  S.  Infantry,  Brevet  3fajor  XT.  S.  Army, 
A.  A.  A.  G. 

The  communication  from  General  Gillem  was  received  and 
ordered  to  be  spread  upon  the  Journal,  and  the  committee 
discharged. 

Mr.  John  Elliott  offered  the  following : 

Resolved,  That  all  resolutions  which  may  relate  to  any  busi- 
ness for  which  there  are  any  standing  committees,  shall  be 
handed  to  said  committee,  and  not  be  introduced  in  the 
Convention. 

Mr.  Compton  moved  to  lay  on  the  table ; 

Which  was  carried. 

Mr.  Morgan  moved  to  amend  Rule  No.  30,  so  as  to  dispense 
with  the  calling  of  counties  for  resolutions. 
Mr.  Herbert  moved  to  lay  on  the  table ; 
Which  was  carried. 
Mr.  Castello  offered  the  following: 

Resolved,  That  the  Auditor  of  this  Convention  be  and  is 
hereby  authorized  to  audit  bills  of  the  official  printer  to  the 
amount  of  eight  hundred  dollars. 

Which  was  adopted. 

Mr.  Conley,  of  Attala,  offered  the  following : 

Resolved,  That  a  committee  of  fifteen-— three  from  each  Con- 
gressional District— be  raised  to  take  into  consideration  the 
propriety  of  moving  the  State  House  from  Jackson  to  Kosci- 
usko, or  to  some  suitable  place  near  the  geographical  center  of 


145 


the  State,  and  that  they  report  to  this  Convention  at  an  early 
clay. 

A  motion  to  lay  on  the  table  was  lost. 

Mr.  Cimnigham  moved  the  previous  question;  and  the  yeas 
and  nays  being  called,  resulted  as  follows : 

Yeas — Messrs.  Alderson,  Alcorn.  Bonney,  Bridges,  Castello, 
Chappell,  Conley.  Cunningham,  Elliott  John.  Elliott  James. 
Fawn,  Fitzhugh.  Gibbs,  Handy,  Hauser,  Hutto,  Kerr,  Mask. 
Montgomery,  3Ioore,  Myers,  Orr,  Powell,  Quinn,  Railsback. 
Rainey,  Richardson.  Smith,  Stites,  Stiles,  Tov,  Warren.  Weil 
—33.  ^ 

Nats — Messrs.  Ballard,  Beam,  Chapman.  Clarke,  Combash. 
Compton,  Dalton,  Dowd,  Drane,  Gaither,  Hemmingway,  Her- 
bert, Howe,  Jacobs.  Johnson  S.,  Lack.  Longmire,  Miles. 
Mygatt.  McKee.  McKnight.  Xewsom,  Phillips.  Strieklin,  String- 
er, Yeoman — 27. 

And  the  resolution  was  adopted. 

Mr.  Kerr  offered  the  following: 

Whereas,  The  people  of  Mississippi,  are  overwhelmed  and 
oppressed  by  a  burthen  of  indebtedness  which  the}'  are  utterly 
unable  to  liquidate;  and 

Whereas.  They  were  reduced  to  straitened  circumstances, 
not  by  their  own  fault,  but  by  the  fate  of  war;  therefore,  be  it 

Resolved.  That  no  Legislature  hereafter  convening,  shall 
ever  pass  any  law  or  enforce  any  law  that  now  exists,  to  en- 
force the  collection  of  an}*  debts  contracted  previous  to  April, 
1865,  except  for  real  estate  or  money  or  moneys  in  the  hands 
of  administrators  going  to  widows  or  orphans:  and 

Be  it  further  resolved.  That  parties  who  have  sold  land  and 
have  received  three-fourths  the  amount  for  which  it  was  sold, 
shall  be  hereby  enjoined  from  collecting  the  remainder  of  the 
debt  and  be  forced  to  make  a  bona  fide  title  to  the  same. 

Referred  to  the  committee  on  General  Provisions. 

Mr.  Bridges  offered  the  following: 

Whereas.  The  Convention  which  met  in  Jackson,  in  lS6o, 
adopted  various  amendments  to  the  Constitution  of  the  State 
of  Mississippi,  and  enacted  ordinances  providing  for  the  elec- 
tion of  legislators  and  ail  civil  officers  in  the  State,  which 
amendments  and  ordinances  said  Convention  refused  to  submit 
to  the  people  for  ratification,  thereby  all  such  acts  and  ordi- 
nances of  said  Convention,  became  null  and  void;  and 

Whereas,  At  an  election  held  by  authority  of  said  ordinance, 
members  were  elected  to  act  as  legislators,  and  by  virtue  of 
such  election,  met  at  the  Capitol  and  organized  as  a  body  and 
proceed  to  enact  laws  and  make  regulations  upon  authoritv 
of  said  amendments  and  ordinances:  and 

Whereas,  During  its  first  session  said  so-called  Legislature 
passed  a  law  changing  the  name  of  Jones  county  to  that  of 
Davis  county,  in  honor  of  the  notorious  rebel  leader  Jefferson 
Davis,  and  also  changed  the  name  of  the  county  site  to  that  of 
Leesburg.  in  honor  of  the  rebel  General  Lee;  and  said  so-called 
Legislaturte  did  further  form  a  new  comity  out  of  a  portion  of 
C— 10 


148 


Pontotoc  and  Itawamba  counties,  which  was  designated  Lee 
county,  in  honor  of  said  rebel  General  Lee;  now  therefore, 

Be  it  ordained,  That  all  of  said  proceedings  as  said  afore- 
said, are  hereby  declared  null  and  void,  and  of  no  effect;  that 
the  name  of  Jones  county  shall  be  substituted  from  the  date 
of  the  passage  of  this  ordinance,  for  that  of  Davis  county; 
that  the  name  of  Jonesboro,  shall  be  substituted  for  that  of 
Leesburg,  and  that  the  name  of  Lee  county  be  hereby  utterly 
abolished,  and  the  name  of  Lincoln  count}?-  substituted  there- 
for. 

Mr.  Herbert  moved  to  lay  on  the  table ; 
Which  wras  lost. 

Mr.  Weir  moved  to  pass  to  its  first  reading. 
Mr.  Hauser  moved  the  previous  question;  which  was  sus- 
tained. 

And  the  motion  of  Mr.  Weir,  to  pass  to  its  first  reading,  was 
carried. 

Mr.  Gibbs  moved  to  read  the  ordinance  a  second  time  by  its 
title. 

The  President  decided  the  motion  in  order,  under  the  rules, 
Mr.  Orr  appealed  from  the  decision  of  the  Chair,  and  the 

Chair  was  sustained. 

Mr.  Compton  moved  to  refer  to  the  committee  on  County 

Boundaries. 

Leave  of  absence  was  granted  to  Mr.  Lack  for  one  week, 
from  Monday  next;  to  the  Doorkeeper,  C.  F.  Norris,  until 
Monday  morning;  to  Mr.  Montgomery,  until  Thursday  next ; 
and  to  Mr.  Gait  her  for  one  week. 

Mr.  Cunningham  moved  that  it  shall  be  the  duty  of  every 
standing  committee,  except  the  committee  on  Enrollment  and 
the  committee  on  Contingent  Expenses,  and  the  committee  on 
Ordinance  and  Schedule,  to  report  to  this  Convention  on  or 
before  Monday,  February  3d. 

Mr.  Gibbs  moved  to  lay  on  the  table; 

Which  was  lost. 

Call  of  the  Convention  ordered,  and  a  quorum  announced. 

Leave  of  absence  was  granted  to  Mr.  Fitzhugh,  until  Mon- 
day; to  Mr.  Stringer  until  Monday;  to  Mr.  S.  Johnson  for  four 
days;  to  Mr.  Hemmingway,  for  four  days;  and  to  Mr.  Conley 
for  four  days. 

The  Convention  adjourned  until    Monday    morning,  10 

o'clock. 

T.  P.  Sears, 

Secretary* 


147 


•     TWENTY-FOURTH  DAY. 

Jackson,  Miss.,  Monday,  February  3d,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Bonney,  Bridges,  Brinson,  Caldwell,  Chapman,  Chappell,  Clarke, 
Combash,  Compton,  Cunningham,  Dalton,  Dowd,  Drane,  El- 
liott John,  Elliott  James,  Fawn,  Fitzhngh,  Gaither,  Gibbs, 
Hand}',  Ha  user,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison,  John- 
son A.,  Kerr,  Lawson,  Leas,  Leonard,  Mayson,  Mask,  Mus- 
grove,  Miles,  Moore,  Mygatt,  McKee,  MeKnight,  Nesbitt, 
Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R,,  Peyton  E.  A., 
Powell,  Quinn,  Railsback,  Raine}r,  Richardson,  Smith,  Stewart, 
Stites,  Strieklin,  Stringer,  Stiles,  Toy,  Vaughan,  Warner,  Weir, 
Williams,  Woodmansee,  and  Yeoman — 69. 

The  following  delegates  were  absent: 

Messrs.  Beam,  Castello,  Collins,  Conley,  Field,  Goss,  Gray, 
Hemmingway,  Holland,  Jones,  Lack,  Longmire,  Montgomery, 
Morgan,  Mj^ers,  McCutchen,  Neilson,  Nelms,  Peyton  E.  G., 
Phillips,  Stovall,  Townsend,  Walker,  Watson — 24. 

Journal  of  Saturday  read  and  approved. 

Reports  of  standing  committees  being  in  order,  the  commit- 
tee on  Printing  made  the  following  report : 

To  the  President  and  Members  of  the  Convention  : 

The  committee  on  Printing,  after  carefully  examining  and 
comparing  former  rates  and  contracts  for  such  work,  respect- 
fully ask  leave  to  recommend  that  the  following  rates  of  com- 
pensation be  allowed  the  official  printer  of  this  Convention  : 

Section  1.  For  the  first  five nuiuLed  copies  of  the  Journal 
of  the  Convention,  in  book  form,  printed  in  brevier  type,  each 
page  to  be  printed  in  double  columns,  fifty-five  lines  in  length, 
and  thirty-six  ems  in  width,  to  be  folded  and  stitched,  with 
paper  covers,  in  the  ordinary  st}de,  five  dollars  for  each  page  of 
type,  and  for  every  five  hundred  additional  copies  three  dollars 
per  page  of  type,  and  in  the  same  proportion  for  fractions  of 
five  hundred  copies. 

Sec.  2.  For  all  documents,  reports,  or  other  matter  than  the 
Journal  of  the  Convention,  printed  in  book  or  pamphlet  form, 
composed  in  brevier  type,  the  pages  to  be  the  same  length  and 
breadth  as  the  Journal,  five  dollars  per  page  of  t}*pe  for  the 
first  two  hundred  copies,  and  every  additional  or  fraction 
thereof  ;  three  dollars  per  page  for  resolutions,  memorials  and 
reports  of  committees  printed  on  foolscap  or  similar  sized 
paper,  thirty-six  ems  wide,  and  forty  printed  lines  in  length,  for 
the  first  one  hundred  copies,  eight  dollars  per  page,  and  for 


148 


each  additional  hundred  copies,  or  fraction  thereof,  four  dollars 
per  page  ; .  for  all  matter  marked  official,  and  published  in  the 
Journal,  seventy-five  cents  per  square  of  ten  lines  for  the  first 
insertion,  and  twenty-five  cents  for  each  subsequent  insertion. 

Sec.  3,  That  the  official  Journal  of  this  Convention  be  pub- 
lished in  the  following  additional  newspapers  :  VicTcsburg  Be- 
'publican  and  Meridian  Chronicle  ;  said  Journals  to  be  taken 
by  said  papers  from  the  official  report  as  published  in  the  offi- 
cial organ,  to  be  paid  for  at  the  same  rates  allowed  the  Official 
Printer. 

Sec.  4.  Your  Committee  would  state  that  the  estimate  is  at 
lower  rates  than  has  heretofore  been  allowed  for  similar  work, 
while  the  price  of  composition  and  cost  of  printing  material  is 
now  much  higher.  Your  Committee  would,  therefore,  advise 
that  these  rates  be  allowed,  and  that  the  number  of  the  Journal 
ordered  in  book  form  be  five  hundred  copies. 

Sec.  5.  All  the  printing  ordered  by  this  Convention  shall  be 
executed  under  the  supervision  of  the  Chairman  of  the  Com- 
mittee on  Printing,  in  order  that  the  same  shall  be  performed 
in  a  correct  and  proper  manner,  and  that  all  bills  of  the  Official 
Printer  of  this  Convention,  be  approved  by  the  Committee  on 
Printing,  in  accordance  with  the  rates  fixed  by  this  ordinance. 

Sec  6.  That  no  printing  ordered  by  this  Convention  shall  be 
executed  by  the  Official  Printer,  unless  accompanied  by  a  copy 
of  the  resolution  wherein  the  same  is  authorized. 

Ben j.  H.  Ore,  Chairman, 
J.  A.  Moore, 

U.  OZANNE, 

N.  J.  Chappell, 
D.  N.  Quinn, 

Committee. 

Report  received,  and  one  hundred  copies  ordered  to  be 
printed. 

The  Committee  on  Public  Education  submitted  the  following 
report  : 

Mr.  President  :  The  Committee  on  Public  Education  re- 
spectfully submit  the  following  unanimous  report,  and  ask  that 
it  be  made  a  part  of  the  Constitution  of  Mississippi. 

Chas.  W.  Clarke, 

Chairman. 

EDUCATION. 

Section  1.  The  stability  of  a  republican  form  of  govern- 
ment, depending  mainly  upon  the  intelligence  and  virtue  of  the 
people,  it  shall  be  the  duty  of  the  General  Assembly  to  en- 
courage, by  all  suitable  means,  the  promotion  of  intellectual 
scientific,  moral  and  agricultural  improvements,  by  establish- 
ing a  uniform  system  of  free  public  schools,  by  taxation  or 
otherwise,  for  all  children  between  the  ages  of  five  and  twenty 
one  years,  and  shall,  as  soon  as  practicable,  establish  schools 
of  higher  grade, 


149 


Sec.  2.  There  shall  be  a  Superintendent  of  Public  Education 
elected  by  the  people  at  the  same  time  and  manner  as  the  Gov- 
ernor, who  shall  have  the  qualifications  of  the  Secretary  of 
State,  and  hold  his  office  for  four  years,  and  until  his  successor 
shall  be  elected  and  duly  qualified;  whose  duties  shall  be  the 
general  supervision  of  the  common  school  funds  and  the  edu- 
cational interest  of  the  State,  and  shall  perform  such  other 
duties  pertaining  to  his  office,  and  receive  such  compensation 
as  shall  be  prescribed  by  law;  he  shall  report  to  the  General 
Assembly  for  its  adoption,  within  twenty  days  after  its  first 
session  under  this  Constitution,  a  uniform  sj^stem  of  free 
public  schools. 

Sec.  3.  There  shall  be  a  Board  of  Education  consisting  of 
the  Secretary  of  State,  the  Attorney  General,  and  the  Superin- 
tendent of  Public  Education,  for  the  management  and  invest- 
ment of  the  school  funds,  and  perform  such  other  duties  as  are 
prescribed  by  law.  The  Superintendent  and  one  other  of  said 
Board  shall  be  a  quorum. 

Sec.  4.  There  shall  be  a  Superintendent  of  Public  Education 
appointed  for  each  county,  by  the  State  Superintendent  of  Ed- 
ucation, whose  term  of  office  shall  be  two  years,  and  whose 
compensation  and  duties  shall  be  prescribed  by  law. 

Sec  5.  A  school  shall  be  maintained  in  each  school  district 
at  least  four  months  in  each  year.  Any  school  district  neg- 
lecting to  maintain  such  school,  shall  be  deprived,  for  that 
year,  of  its  proportion  of  the  income  of  the  free  school  fund, 
and  of  all  funds  arising  from  taxes  for  the  support  of  schools. 

Sec.  6.  There  shall  be  established  a  Common  School  Fund, 
which  shall  consist  of  the  proceeds  of  lands  now  belonging  to 
the  State  heretofore  granted  by  the  United  States,  and  the 
lands  known  as  the  "  sAvamp  lands,"  and  of  all  lands  now  or 
hereafter  vested  in  the  State  by  escheat  or  purchase  or  forfeit- 
ure for  taxes;  and  the  clear  proceeds  of  all  fines  collected  in 
the  several  counties,  for  any  breach  of  the  penal  laws,  and  all 
moneys  received  for  licenses  granted  for  the  sale  of  intoxicat- 
ing liquor,  or  keeping  of  dram  shops.  All  monej'S  paid  as  an 
equivalent  for  persons  exempt  from  military  duty,  and  -the 
funds  arising  from  the  consolidation  of  the  congressional 
township  funds  and  the  lands  belonging  thereto,  together  with 
all  moneys  donated  to  the  State  for  school  purposes,  shall  be 
securely  invested  in  United  States  bonds,  and  remain  a  perpet- 
ual fund,  which  ma}-  be  increased,  but  not  diminished;  the  in- 
terest of  which  shall  be  inviolably  appropriated  for  the  support 
of  free  schools. 

Sec.  7.  The  General  Assembly  may  levy  a  poll-tax  not  to 
exceed  two  dollars  rper  capita,  in  aid  of  the  school  fund,  and 
for  no  other  purpose. 

Sec.  8.  The  General  Assembly  shall,  so  far  as  it  can  be  done 
without  infringing  upon  vested  rights,  reduce  all  moneys,  lands 
and  other  property  used  or  liekl  for  school  purposes  in  the 
various  counties  of  the  State,  into  the  public  School  Fund 
herein  provided  for  free  school  purposes,  and  make  such  clistri- 


150 


bution  as  will  equalize  the  amount  appropriated  for  school 
purposes  throughout  the  State. 

Sec.  9.  The  General  Assembly  shall,  as  soon  as  practicable, 
provide  for  the  establishment  of  an  Agricultural  College,  and 
shall  appropriate  the  two  hundred  and  ten  thousand  acres  of 
land  donated  to  this  State  for  the  support  of  such  a  College, 
by  the  act  of  Congress,  passed  July  2,  1865,  or  the  money  or 
scrip,  as  the  case  may  be,  arising  from  the  sale  of  said  lands 
or  any  lands  which  may  hereafter  be  granted  or  appropriated 
for  such  purpose 

Sec.  10.  No  religious  sect  or  sects  shall  ever  controll  any 
part  of  the  school  or  university  funds  of  this  State. 

Sec.  11.  The  General  Assembly  shall  levy,  at  each  regular 
session  after  the  adoption  of  this  Constitution,  an  annual  tax 
of  not  less  than  one  and  a  half  mills,  or  more  than  two  and  a 
half,  on  each  dollar  of  the  taxable  property  throughout  the 
State  for  the  support  of  free  public  schools,  which  tax  shall  be 
collected  at  the  same  time,  and  by  the  same  agents,  as  the  gen- 
eral State  levy,  and  shall  be  paid  into  the  Treasury  of  the 
State,  and  shall  be  distributed  under  such  regulations  as  may 
be  prescribed  by  law,  among  the  counties  and  cities  in  propor- 
tion to  their  respective  populations  between  the  ages  of  five 
and  twenty-one  years.  Any  person  over  twenty-one  years  of 
age  shall  not  be  excluded  from  the  privileges  of  attending  the 
public  schools;  Provided,  He  shall  pay  an  amount  of  tuition 
equal  to  the  amount  of  money  allowed  by  law  to  each  child- 
between  the  above  ages;  Provided  further,  That  the  fund 
herein  provided  shall  be  exclusively  applied  to  the  pa}rment 
of  the  salary  of  the  teacher. 

Chas.  W.  Clarke, 

Chairman. 
H.  'N.  Ballard, 
M.  H.  Lack, 
Henry  Mayson, 
Carlos  Chapman, 
N.  B.  Bridges, 
Henry  W.  Warren^ 
J.  K.  Parsons, 
S.  H.  Powell, 
H.  P.  Jacobs, 
D.  McA.  Williams, 
I  sham  Stewart, 
Wm.  Yeoman,  Committee, 
Eeport  received  and  one  hundred  copies  ordered  printed. 
The  committee  in  reference  to  certain  charges  against  Gen. 
W.  H.  Barry,  submit  the  following  report,  and  ask  that  it  be 
received,  and  the  committee  be  discharged  from  the  further 
consideration  of  the  same: 

To  the  Honorable  President  and  31 embers  of  the  Constitutional 
Convention  of  Mississippi  ; 

Gentlemen — The  undersigned,  a  special  committee,  to  whom 


151 


was  delegated  the  duty  of  investigating  charges  of  a  most  seri 
ous  character,  preferred  through  the  colunis  of  the  ZaCros.se 
Democrat,  Lexington  Advertiser,  and  other  newspapers,  against 
the  Hon.  H.  TV".  Barry,  delegate  to  this  Convention  from 
Holmes  county,  would  respectfully  report: 

That  ktters  were  addressed  by  your  committee,  enclosing- 
copies  of  the  resolutions  adopted  by  your  honorable  body,  in 
reference  to  an  investigation  of  said  charges  to  the  editors  of 
the  above  named  newspapers,  with  the  request  that  all  docu- 
ments, or  other  evidence  in  their  possession,  tending  in  an} 
manner  to  the  substantiation  of  the  published  charges,  be 
brought  before  your  committee.  The  letters  above  referred 
to.  were  dated  and  mailed  on  the  18th  of  January,  the  time 
allowed  being,  in  our  opinion,  amply  sufficient  to  enable  the 
parties  to  produce  their  proofs;  but  it  appears  to  us,  from  the 
fact  of  their  neglect  and  refusal  to  embrace  the  opportunity 
afforded,  that  a  fair,  honorable,  and  impartial  investigation  was 
not  their  desire. 

We  would  further  report,  that  documents  and  letters  from 
members  of  Congress,  officers  of  the  United  States  Army,  and 
other  gentlemen  of  acknowledged  political  and  social  position, 
the  signatures  of  some  of  whom  are  known  to  us,  and  the  genu- 
ineness of  which  cannot  be  doubted,  have  been  submitted  for 
our  inspection.  These  letters  are  of  a  most  nattering  charac- 
ter, and,  in  the  opinion  of  your  committee,  establish  in  the 
most  satisfactory  and  conclusive  manner,  the  character  of  Gen. 
K.  W.  Barry,  as  a  gentleman,  a  man  of  honor,  and  a  gallant  and 
patriotic  soldier.  We  would  more  particularly  refer  to  a  letter 
from  W.  H.  Randall,  of  Loudon,  Kentucky,  wherein  he  denies, 
in  positive  terms,  that  he  was  ever  deceived  by  Gen.  Barry  in 
the  matter  of  procuring  his  brevet  rank  as  a  Major-General 
of  Volunteers,  as  has  been  charged  in  the  newspapers  herein 
referred  to.  It  is  also  stated  in  said  letter,  that  James 
McBride,  who  is  now  engaged  in  an  attempt  to  villify  and  tra 
duce,  through  motives  of  personal  revenge,  the  reputation  of 
an  honorable  gentleman,  was  one  of  the  first,  if  not  the  first,  to 
urge  his  claims. 

Your  committee  would  therefore  report,  that  after  a  thorough 
investigation,  we  are  firmly  of  the  opinion  that  the  charges 
against  and  the  reflections  upon  the  character  and  reputation 
of  Gen.  H.  W.  Barry,  as  published  through  the  columns  of  the 
LaCrosse  Democrat,  Lexington  Advertiser,  and  other  journals, 
are  libelous,  malicious,  and  totally  devoid  of  truth. 

Your  committee  would  further  report,  that  they  have  receiv- 
ed a  communication  from  M.  M.  PGmeroy,  the  so-called  editor 
of  that  very  virtuous  and  respectable  journal,  the  LaCrosse 
Democrat,  a  copy  of  which  is  hereunto  annexed  for  the  edifica- 
tion and  instruction  of  whom  it  mav  concern. 

A."  T.  Morgan, 

Bexj.  H.  Ore. 

D.  McA.  Williams, 

Committee. 


152 


LaCrosse,  Wis  ,  January  24,  1868. 

A.  T.  Morgan,  and  others,  Committee  : 

Gents  -  Your  favor  of  the  18th  of  January,  inquiring  into 
the  charges  against  Mr.  Barry,  delegate  to  your  Convention 
from  Holmes  county,  Miss.,  and  asking  who  is  the  author  of  a 
letter  concerning  him  which  lately  appeared  in  the  LaCrosse 
Democrat,  is  before  me.  The  name  of  the  author  is  of  course 
known  to  me,  and  held  sacred,  in  accordance  with  a  rule  of 
this  office-— never  yet,  and  never  to  he  broken! 

Denying  the  right  of  your  Constitutional  Convention  (so- 
called)  to  interfere  with  affairs  in  Wisconsin,  especially  in  mat- 
ters that  would  cause  me  to  break  faith  with  my  correspondent, 
whose  statements  I  believe,  your  request  is  politely  ignored. 
Thine  for  the  Right, 

M.  M,  Pome roy, 

Editor  of  Democrat. 

Respectfully  submitted, 

A.  T.  Morgan, 

Chairman. 

Report  received  and  committee  discharged. 
Mr.  Ballard  offered  the  following : 

Whereas,  This  Convention  has  declared  that  no  county 
taxes  in  excess  of  one  hundred  per  cent,  on  the  State  tax. 
shall  be  levied;  and 

Whereas,  At  the  time  of  the  passage  of  that  ordinance  many 
persons  had  already  paid  county  taxes  considerably  in  excess 
of  one  hundred  per  cent,  on  the  State  tax;  therefore,  be  it 

Besolved,  That  the  several  Sheriffs  and  Collectors  be 
instructed  to  refund  to  such  persons  said  excess,  or  to  allow  it 
to  go  for  that  amount  in  payment  of  an}r  taxes  due. 

Mr.  Com  bash  moved  to  lay  on  the  table; 

Which  was  carried. 

Mr.  Orr  offered  the  following : 

Whereas,  The  tax  ordinance  adopted  by  this  Convention 
does  not  provide  for  the  receipt,  by  the  Tax  Collectors  therein 
appointed,  of  the  warrants  issued  by  this  Convention  in  pay- 
ment of  said  tax;  therefore,  be  it 

Besolved,  That  the  Treasurer  be,  and  he  is  hereby  authorized 
and  instructed  to  notify  the  Tax  Collectors  of  the  various 
counties  to  receive,  at  their  face  value,  the,  warrants  issued  by 
this  Convention  in  payment  of  the  special  tax  levied  by  said 
ordinance. 

Which  was  adopted 

Mr.  Parsons,  of  Hinds,  offered  the  following; 

Besolved,  That  a  special  committee  of  five  be  appointed  to 
ascertain  the  nature  and  amount  of  government  lands  subject 
to  entry,  situated  in  the  different  counties  in  this  State,  and 
report  the  same  to  this  Convention ?  together  with  such  infor- 


153 


mation  as  may  be  necessary  to  facilitate  the  settlement  and 
cultivation  of  said  lands. 

Mr.  Compton  moved  to  lay  on  the  table:  which  was  lost. 

Mr.  Combash  moved  the  previous  question; 

Which  was  sustained. 

And  the  resolution  was  adopted. 

Mr.  James  Elliott  offered  the  following: 

Whereas.  The  State  of  Mississippi,  having  been  under  a 
bogus  provisional  government,  for  the  last  six  years;  and 

Whereas,  A  large  amount  of  litigation  and  pecuniary  embar- 
rassments have  accumulated  to  a  fearful  extent,  connected  with 
a  large  amount  of  indebtedness  contracted  before  the  war,  and 
the  means  of  liquidating  such  debts  being  utterly  swept  away; 
and 

Whereas.  The  relief  offered  by  'Congress  in  bankruptcy  only 
relieves  a  certain  class  of  citizens  leaving  a  large  majority  in 
pecuniary  distress,  not  being  able  to  avail  themselves  of  the 
act  of  bankruptcy:  therefore,  be  it 

Resolved  by  this  Convention,  That  the  Legislature,  at  its 
first  session,  shall  pass  a  stay  law  of  ninety-nine  years,  includ- 
ing all  debts,  contracts,  judgments,  deeds  of  trust,  and  mort- 
gages, that  may  have  been  entered  into,  or  which  took  place 
prior  to  the  adoption  of  this  Constitution — tax  and  labor  done, 
excepted. 

Mr.  Alcorn  offered  the  following  amendment: 

"  No  real  estate  shall  be  sold  under  an  execution  for  debts 
contracted  prior  to  the  first  of  April,  1865,  unless  it  brings  the 
assessed  value  of  January,  I860.  The  Circuit  Court  shall  not 
have  jurisdiction  of  any  suit  upon  a  record  of  a  judgment  or 
decree  in  this  or  any  other  State  founded  on  any  contract  for 
the  sale  of  slaves." 

Unfinished  business,  being  a  resolution  of  Mr.  Cunningham 
in  reference  to  the  reports  of  standing  committees  to  be  made 
on  February  3d,  it  was,  on  motion,  laid  on  the  table. 

The  motion  of  Mr.  Compton  to  refer  tne  ordinance  of  Mr. 
Bridges,  in  reference  to  changing  names  of  certain  towns  and 
counties  in  this  State,  was  taken  up. 

Mr.  Compton  moved  to  strike  out  the  word  Jones,"  where 
it  occurs,  and  insert  "Bridges,"  the  author  of  the  ordinance. 

Mr.  Morgan  moved  to  lay  on  the  table; 

Which  was  carried. 

Mr.  Cunningham  moved  to  suspend  the  rules  so  as  to  take 
up  the  report  of  the  committee  on  the  Judiciary. 
Mr.  Parsons  moved  to  lay  on  the  table; 
Which  was  carried. 

Mr.  Morgan  moved  that  the  Convention  proceed  to  the  con- 
sideration of  the  letter  of  Mr.  Orr,  chairman  of  the  committee 
on  Printing,  which  was  done,  and  the  suggestions  therein  con- 
tained were  adopted. 

Leave  of  absence  was  granted  to  Mr.  Beam  for  one  day. 

Mr.  Orr  Gffered  the  following: 

Resolved,  That  on  and  after  the  forty-fifth  day  of  the  session 


154 


of  this  Convention  the  per  diem  of  all  its  members  shall  cease; 
Provided,  This  Convention  shall  not  adjourn  until  a  Constitu- 
tion for  this  State  shall  have  been  framed  and  adopted  by  this 
Convention. 

The  }Teas  and  nays  were  called,  upon  a  motion  to  lay  on  the 
table,  and  resulted  as  follows: 

Yeas — Messrs.  Brinson,  Chapman,  Combash,  Cunningham, 
Fitzhugh,  Hauser,  Herbert,  Jacobs,  Johnson  A.,  Leas,  Mygatt, 
McKnight,  Powell,  Stites,  Toy,  Yeoman — 16. 

Nays — Messrs.  Alcorn,  Bonney,  Bridges,  Chappell,  Clarke, 
Compton,  Dalton,  Dowd,  Drane,  Elliott  John,  Elliott  James, 
Gaither,  Gibbs,  Handy,  Howe,  Hutto,  Lawson,  Leonard,  May- 
son,  Mask,  Musg  rove,  Moore,  Morgan,  Nesbitt,  NewsoiH,  Orr, 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Quinn,  Rails 
back,  Rainey,  Richardson,  Smith,  Stewart,  Stricklin,  Stringer, 
Stiles,  Vaughan,  Warren,  Williams,  Weir — 43. 

Mr.  Orr  moved  to  adopt  the  resolution. 

Mr.  Gibbs  offered  an  amendment  as  follows:  to  strike  out  the 
word  "  adopt,"  and  insert  "  refer  to  committee  on  Printing." 

Pending  which,  the  Convention  adjourned  until  to-morrow 
morning,  10  o'clock. 

T.  P.  Sears, 

Secretary. 


TWENTY-FIFTH  DAY. 

Jackson,  Miss.,  Tuesday,  Februaiy  4th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates,  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Bany, 
Beam,  Bonne}^,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Compton,  Cunningham,  Dalton, 
Dowd,  Drane,  Elliott  of  Itawamba,  Elliott  of  Monroe,  Fawn, 
Fitzhugh,  Gibbs,  Handy,  Hauser,  Herbert,  Howe,  Hutto, 
Jacobs,  Jamison,  Johnson  A.,  Jones,  Kerr,  Lawson,  Leas, 
Leonard,  Longmire,  Mayson,  Mask,  Musgrove,  Miles,  Moore, 
Morgan,  Myers,  Mygatt,  McKee,  McKnight,  Nesbitt,  Newsom, 
Orr,  Ozanne,  Parsons  of  Adams,  Parsons  of  Hinds,  Peyton  of 
Hinds,  Powell,  Quinn,  Railsback,  Rainey,  Richardson,  Smith, 
Stewart,  Stites,  Stricklin,  Stringer,  Stiles,  Toy,  Warren,  Weir, 
Williams,  Woodmansee,  and  Yeoman — 73. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Conley,  Field,  Goss,  Gray,  Hemmingway, 
Holland,  Johnson  S.,  Lack,  Montgomery,.  Merryman,  McCutch- 


155 


en,  Neilson,  Nelms,  Peyton  E.  G.,  Phillips,  Stovall,  Townsend, 
Walker,  and  Watson— 20. 

Journal  of  yesterday  read  and  approved. 

Reports  of  standing  committees  being  in  order,  the  follow- 
ing was  submitted  from  the  committee  on  Bill  of  Bights: 

BILL  OF  RIGHTS. 

We,  the  people  of  Mississippi,  in  Convention  assembled, 
grateful  to  Almighty  God  for  all  the  blessings  of  liberty  He 
has  permitted  us  to  enjo}',  deeming  the  formation  of  a  Consti- 
tution important  to  the  full  protection  and  enjoyment  of  all 
our  civil,  religious  and  political  rights,  do  ordain,  as  follows : 

Section  1.  All  persons  resident  in  this  State,  born  in  the 
United  States  or  naturalized,  or  who  shall  have  legally  declared 
their  intention  to  become  a  citizen  of  the  United  States,  are 
hereby  declared  citizens  of  the  State  of  Mississippi,  possessing 
equal  civil  and  political  rights,  and  public  privileges. 

Sec.  2.  No  person  shall  be  deprived  of  life,  liberty  or  prop- 
erty, except  by  due  process  of  law. 

Sec.  3.  The  writ  of  habeas  corpus  shall  only  be  suspended  in 
case  of  invasion  or  rebellion. 

Sec  4.  The  freedom  of  speech,  and  of  the  press  shall  be  held 
sacred,  and  in  all  indictments  for  libel,  the  jury  shall  have 
the  right  to  determine  the  law  and  the  facts,  under  the  direc- 
tion of  the  court. 

Sec  5.  No  person's  life  or  liberty  shall  be  placed  in  jeop- 
ardy by  a  second  trial  for  the  same  offense. 

Sec  6.  The  right  of  the  people  peaceably  to  assemble  and 
petition  the  government  on  an}r  subject,  shall  never  be  im- 
paired. 

Sec  7.  All  persons  charged  with  crime,  may  demand  a 
speedy  trial,  a  copy  of  the  accusation,  counsel  for  defense, 
compulsory  power  to  send  for  witnesses  in  his  favor,  and  be 
confronted  by  the  witnesses  against  him. 

Sec  8.  Excessive  bail  shall  not  be  required,  and  ail  persons 
shall,  before  conviction,  be  bailable  by  sufficient  sureties,  ex- 
cept for  capital  offenses,  when  the  proof  is  evident  or  pre- 
sumption great. 

Sec  9.  There  shall  be  no  laws  impairing  the  obligation  of 
of  contracts  or  retroactive  laws. 

Sec  10.  The  right  of  wa}T  wdien  the  public  good  requires  it, 
for  roads,  internal  improvements,  depots,  stations,  and  also 
sites  for  educational  purposes,  shall  be  granted  by  the  owners 
thereof,  and  he  or  the}7  shall  accept  the  award  of  three  Com- 
missioners, whose  appointment  shall  be  determined  by  law. 

Sec  11.  There  shall  be  no  imprisonment  for  debt. 

Sec  12.  The  right  of  trial  by  jury  shall  be  inviolate. 

Sec  13.  No  property  qualification  shall  ever  be  required  to 
become  a  juror. 

Sec  11.  The  people  shall  be  secured  in  their  persons,  houses, 
and  possessions  from  unreasonable  seizures  or  search,  and.  no 


156 


warrant  shall  be  issued  without  probable  cause  supported  by 
oath  or  affirmation,  and  a  special  designation  of  the  place  to 
be  searched  and  the  person  or  thing  to  be  seized. 

Sec.  15.  Every  person  shall  have  a  right  to  keep  and  bear 
arms  for  their  common  defense. 

Sec.  16.  The  products  of  the  soil  shall  be  exempt  from  State 
and  count}'  taxation. 

Sec.  17.  The  right  of  married  women  shall  be  protected  by 
law,  for  property  owned  previous  to  marriage  and  also  for  all 
property  inherited  or  devised  since  marriage. 

Sec.  i8.  No  property  qualification  shall  be  required  for  hold- 
ing any  office  of  honor,  profit  or  trust  in  this  State. 

Sec.  19.  No  property  or  educational  qualification  shall  ever 
be  required  to  become  an  elector,  and  suffrage  shall  be  pro- 
tected by  law5  regulating  elections  and  prohibiting  all  undue 
influences  from  power,  bribery,  tumult,  or  other  improper  con- 
duct. 

Sec.  20.  No  person  elected  or  appointed  to  any  office  of 
honor,  profit,  or  trust,  shall  be  required  to  give  bonds;  but  any 
embezzlement  or  defalcation,  shall  be  a  penitentiaiy  offense, 
the  duration  thereof  to  be  determined  by  law. 

Sec  21.  No  slavery  or  involuntary  servitude,  no  s}Tstem  of 
peonage  and  no  binding  out  of  children  against  the  wishes  or 
will  of  their  parents  or  guardians,  or  any  other  person  having 
charge  of  them,  shall  ever  be  tolerated  in  this  State. 

Sec  22.  The  death  penalty  shall  not  be  inflicted  for  any 
crime  known  to  our  laws,  but  in  lieu  thereof,  the  criminal  shall 
be  confined  in  the  penitentiary  for  life,  or  not  less  than  twenty 
3*ears,  as  the  court  shall  decide. 

Sec  23.  The  right  peaceably  to  withdraw  from  the  Federal 
Union,  on  account  of  any  real  or  supposed  grievances,  shall 
siever  be  assumed  by  this  State,  nor  shall  any  law  be  passed  in 
derogation  of  the  paramount  allegiance  of  the  citizens  of  this 
State  to  the  government  of  the  United  States. 

Sec  24.  No  person  who  conscientiously  scruples  to  bear 
arms,  shall  be  compelled  to  do  so,  but  may  pay  an  equivalent  for 
personal  service. 

Sec  25.  No  public  money  or  moneys  shall  be  appropriated 
for  any  charitable  or  other  public  institutions  in  this  State, 
making  any  distinction  among  the  citizens  thereof. 

Sec  26.  No  distinction  shall  ever  be  made  by  law  between 
resident  aliens  in  reference  to  possession,  enjoyment  or  descent 
of  property. 

Sec  27.  No  religious  test  shall  ever  be  required  as  a  qualifi- 
cation for  any  office  of  public  trust  under  the  State,  and  no 
person  snail  be  rendered  incompetent  to  give  evidence  in  any 
court  of  law  or  equity  in  consequence  of  his  opinions  on  the 
subject  of  religion. 

Sec  28.  The  right  of  all  citizens  to  travel  shall  not  be  in- 
fringed upon  nor  in  any  manner  abridged  in  this  State. 

Sec  29.  The  military  shall  be  in  strict  subordination  to  the 
civil  power. 


157 


Sec.  30.  Treason  against  the  State  shall  consist  only  in  levy, 
ing  war  against  the  same,  or  in  adhering  to  its  enemies  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  on  confession  in  open  court. 

Sec.  31.  No  person's  life  shall  be  periled  by  the  practice  of 
duelling,  but  the  most  stringent  laws  shall  be  passed  at  the  next 
Legislature  against  the  two-fold  crime  of  suicide  and  murder. 

Sec,  32.  This  enumeration  of  certain  rights,  shall  not 
impair  or  deny  others  retained  by  the  people. 

Respectfully  submitted, 

A.  Mygatt, 

Chairman, 

The  committee  on  Destitution  submitted  the  following 
report : 

To  the  Honorable  President  and  Members  of  the  Convention: 

The  committee  appointed  to  inquire  into  the  destitute  con- 
dition of  a  portion  of  the  citizens  of  this  State,  and  the  best 
means  of  present  and  permanent  relief  to  the  same,  report  as 
follows,  to-wit: 

That  they  have  called  upon  the  delegates  of  this  Convention 
for  information  in  regard  to  the  condition  of  the  citizens  of 
their  respective  counties,  and  have  examined  their  reports  on 
that  subject,  and  find  that  there  exists,  at  this  time,  nearly  all 
over  this  State,  an  alarming  state  of  destitution  among  tbe 
laboring  classes,  and  to  some  extent,  among  other  persons, 
strangers  to  labor  and  economy. 

From  a  careful  investigation  of  this  subject,  we  have  been 
induced  to  set  down  the  number  of  the  destitute  and  suffering 
at  thirty  thousand.  This  we  regard  as  a  low  estimate  for  the 
suffering  and  destitute,  but  the  number  of  those  in  straight- 
ened and  need}*  circumstances,  may  safely  be  set  down  at  not 
less  than  forty  thousand.  We  find  eleven  counties  free  from 
distress  and  suffering,  and  in  nearly  all'  the  rest  there  is  more 
or  less  destitution,  and  in  some,  it  is  bordering  on  starvation, 

It  becomes  us  in  the  discharge  of  our  duty,  to  point  out 
some  present  and  permanent  mode  of  relief  for  this  truly  alarm- 
ing condition  of  the  destitute  citizens  of  this  State.  This  is 
by  no  means  an  easj*  task,  and  has  caused  us  much  serious 
thought  and  reflection. 

But  after  listening  to  many  suggestions  from  different 
persons  in  and  out  of  this  Convention,  we  have  thought  best 
to  recommend  the  following  plan  of  present  relief  as  the  best 
we  can  devise,  to  wit:  That  the  Sheriffs  of  the  several  counties 
in  this  State  be  authorized  by  this  Convention  to  hold,  subject 
to  the  order  of  a  commissioner  to  be  appointed  by  this  Con- 
vention for  said  counties,  the  poll-tax  collected  or  to  be  col- 
lected by  said  Sheriffs,  to  be  applied  by  said  commissioners  to 
the  relief  of  destitute  persons  in  their  respective  counties, 
requiring  of  said  persons,  if  able-bodied,  to  work  on  the  public 


158 


roads,  or  some  other  public  works  of  the  county,  simply  sup- 
plying such  destitute  persons  with  sufficient  food  and  clothing 
to  keep  them  warm,  and  this  to  be  continued  only  till  they  can 
get  employment  and  wages  elsewhere,  to  keep  them  from  starv- 
ation, and  that  a  strict  account  be  kept  by  said  commissioner 
of  all  the  money  expended  by  him  in  support  of  said  persons, 
and  that  he  be  required  to  superintend  and  direct  the  labor  of 
such  indigent  and  destitute  persons,  and  report  to  the  Presi- 
dent of  said  Boards  of  Police,  at  least  once  a  month,  the 
number  and  condition  of  those  so  employed  and  relieved,  as 
aforesaid,  and  to  receive  such  compensation  as  the  Boards  of 
Police  may  direct,  not  to  exceed  four  dollars  per  day. 

Mr.  Gibbs  moved  to  receive  the  report; 

Which  was  carried. 

Mr.  Gibbs  moved  the  adoption  of  the  report  as  read,  so  far 
as  relates  to  temporary  relief. 

And  the  reading  being  called  for,  so  much  as  relates  to  per- 
manent relief,  was  dispensed  with. 

The  previous  question  being  called,  it  was  sustained. 

And  on  motion  of  Mr.  Hauser,  a  call  of  the  Convention  was 
had. 

Mr.  Weir  offerred  the  following  as  an  amendment: 

Strike  out  "Board  of  Police"  wherever  it  occurs  in  the  re- 
port, and  insert  "County  Commissioner  instead. 

A  motion  was  made  to  la}?"  the  original  and  amendment  on 
the  table ; 

Which  was  lost. 

Pending  the  consideration  of  the  matter,  the  hour  of  12 
o'clock  having  arrived,  the  President  announced  the  special 
order  of  the  day. 

The  Rules  were  suspended  in  order  to  allow  the  standing 
committee  on  Legislative  Department  to  report. 

Mr.  Orr  moved  to  recommit,  so  that  the  Committee  may 
have  time  to  make  a  full  report  ; 

Which  was  lost. 

The  report  is  as  follows : 

To  the  President  and  Members  of  the  Constitutional  Convention., 
of  the  State  of  Mississippi : 

Your  Committee  on  Legislative  Department,  respectfully  ask 
leave  to  present  for  your  consideration  the  following  report: 

H.  W.  Barry,  Chairman, 
W.  H.  Gibbs, 
W.  V.  Mc Knight, 
Thos.  W.  Stringer, 
Henry  W.  Warren, 
Robt.  J.  Alcorn, 

Committee. 

LEGISLATIVE  DEPARTMENT. 

Section  1.  The  legislative  power  of  this  State  shall  be  vested 


159 


in  the  General  Assembly,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

Sec.  2.  The  House  of  Representatives  shall  consist  of  mem- 
bers to  be  chosen  every  second  year  by  the  qualified  electors  of 
the  several  counties. 

Sec.  3.  No  person  shall  be  a  member  of  the  House  of  Repre- 
sentatives, who  shall  not  be  an  elector  under  this  Constitution, 
and  who  shall  not.  at  the  time  of  his  election,  have  an  actual 
residence  in  the  district  he  may  be  chosen  to  represent. 

Sec.  4.  The  Senate  shall  consist  of  members  to  be  chosen 
every  four  years  by  qualified  electors  of  the  several  districts. 

Sec.  5.  No  person  shall  be  a  Senator  who  shall  not  have 
attained  the  age  of  twenty-five  years;  who  shall  not  have  been 
an  inhabitant  of  the  State  one  year,  and  who  shall  not  have 
an  actual  residence  in  the  district  he  may  be  chosen  to  repre- 
sent. 

Sec.  6.  The  political  year  shall  begin  on  the  first-  day  of 
January,  and  the  General  Assembly  shall  meet  annually  on  the 
first  Tuesday  in  January,  at  the  seat  of  government,  unless 
sooner  convened  by  the  Governor,  until  altered  by  law. 

Sec.  7.  All  general  elections  shall  be  by  ballot,  and  shall 
commence  and  be  holden  every  two  years,  on  the  first  Tuesday 
in  November,  until  altered  by  law;  and  the  electors,  in  all  cases 
except  treason,  felony,  and  breach  of  the  peace,  shall  be  privi- 
leged from  arrest  during:  their  attendance  on  elections,  and  in 
going  to  and  returning  therefrom. 

Sec.  8.  Elections  for  members  of  the  General  Assembly 
shall  be  held  in  the  several  districts,  and  at  the  several  election 
precints,  as  established  by  law. 

Sec.  9.  The  Governor  shall  issue  writs  of  election  to  fill  such 
vacancies  as  shall  occur  in  either  house  of  the  General  Assem- 
bly; and  the  persons  thereupon  chosen  shall  hold  their  seats  as 
long  as  those  in  whose  stead  they  are  elected  might  have  done, 
if  such  vacancies  had  not  happened. 

Sec.  10.  Xo  member  of  Congress,  nor  any  person  holding 
an  office  under  this  State,  or  the  United  States,  except  offi- 
cers usually  appointed  by  the  courts  of  justice,  respectively, 
attorneys  at  law,  and  officers  in  the  militia,  holding  no  dis- 
qualifying office,  shall,  during  his  continuance  in  Congress,  or 
in  office,  be  a  Senator  or  Representative. 

Sec.  11.  Each  house  shall  appoint  its  own  officers,  and  shall 
judge  of  the  qualifications,  returns,  and  election,  of  its  own 
members. 

Sec.  12.  The  Senate  shall  choose  a  President  pro  tempore,  to 
act  in  the  absence  or  disability  of  the  Lieutenant  Governor. 

Sec.  13.  A  majority  of  each  house  shall  constitute  a  quorum 
to  do  business:  but  a  smaller  number  may  adjourn  from  day  to 
day,  and  compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  each  house  shall  provide. 

Sec.  11.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting. 


160 


Sec.  15.  Each  house  may  determine  rules  of  its  own  pro- 
ceedings, punish  its  own  members  for  disorderly  behavior, 
and  with  the  concurrence  of  two-thirds  of  the  members  present, 
expel  a  member  ;  but  no  member  shall  be  expelled  a  second 
time  for  the  same  offense.  They  shall  each,  from  time  to  time, 
publish  a  journal  of  the  proceedings,  except  such  parts  as  may, 
in  their  opinion,  require  secrecy  ;  and  the  yeas  and  nays  on 
any  question  shall  be  entered  on  the  Journal  at  the  request  of 
one  tenth  of  the  members  present. 

Sec.  16.  The  door  of  each  house,  when  in  session,  or  in 
committee  of  the  whole,  shall  be  kept  open,  except  in  cases 
which  may  require  secrecy  ;  and  each  house  may  punish,  by 
fine  and  imprisonment,  any  person  not  a  member,  who  shall  be 
guilty  of  disrespect  to  the  house,  by  any  disorderly  or  con- 
temptuous behaviour  in  their  presence,  or  in  any  way  disturb 
their  deliberations  during  the  session  ;  but  such  imprisonment 
shall  not  extend  beyond  the  final  adjournment  of  that  session, 

Sec.  17.  Whenever  an  officer,  civil  or  military,  shall  be  ap- 
pointed by  the  joint  or  concurrent  vote  of  both  houses,  or  by 
the  separate  ballot  of  either  house  of  the  General  Assembly, 
the  vote  shall  be  given  by  ballot  and  entered  on  the  Journal. 

Sec.  18.  No  person  who  now  is,  or  shall  be  hereafter,  a  collector 
or  holder  of  public  money,  nor  any  assistant  or  deputy  of  such 
holder  or  collector  of  public  money,  shall  be  eligible  to  a  seat 
in  either  house  of  the  General  Assembly,  nor  to  any  office  of 
profit  or  trust  until  he  shall  have  accounted  for  and  paid  over 
all  sums  for  which  he  may  have  been  liable. 

Sec.  19.  The  General  Assembly  shall  exclude  from  ever}- 
office  of  trust  and  profit,  and  from  the  right  of  suffrage  within 
this  State,  all  persons  convicted  of  bribery,  perjury,  or  other 
infamous  crimes. 

Sec.  20.  Every  person  who  shall  have  been  convicted  of  directly 
or  indirectly  giving  or  offering  any  bribe,  to  procure  his  election 
or  appointment,  shall  be  disqualified  from  holding  any  office 
of  trust  or  profit  in  this  State  ;  and  any  person  who  shall  give 
or  offer  any  bribe  to  procure  the  election  or  appointment  of 
any  person,  shall,  on  conviction  thereof,  be  disqualified  from 
being  an  elector,  or  from  holding  any  office  of  trust  or  profit 
under  the  laws  of  this  State. 

Sec.  21.  The  Senators  and  Representatives  shall,  in  all  cases, 
except  treason,  felony,  or  breach  of  the  peace,  be  privileged 
from  arrest  during  the  session  of  the  General  Assembly,  and 
,  for  fifteen  days  before  the  commencement  and  after  ttie  termi- 
nation of  each  session. 

Sec.  22.  The  members  of  the  General  Assembly  shall  sever- 
ally receive  from  the  public  Treasury,  compensation  for  their 
services,  which  may  be  increased  or  diminished  ;  but  no  alter- 
ation of  such  compensation  of  members  shall  take  effect  during 
the  session  at  which  it  is  made. 

Sec.  23.  The  General  Assembly  shall  direct,  by  law,  in  what 
courts  and  in  what  manner  suits  may  be  commenced  against 
the  State, 


161 


Sec.  24  The  General  Assembly  shall  not  have  power  to  pass 
any  bill  of  divorce;  but  may  prescribe  by  law  the  manner  in 
which  cases  shall  be  investigated  in  the  courts  of  justice,  and 
divorces  granted. 

Sec.  25.  Laws  may  be  passed  excluding  from  the  right  of 
suffrage,  persons  who  have  been  or  may  be  convicted  of  infa- 
mous crimes. 

Sec.  26.  Bills  may  originate  in  either  house,  and  be  amended 
or  rejected  in  the  other;  and  every  bill  shall  be  read  on  three 
different  days  in  each  house,  unless  two-thirds  of  the  house 
where  the  same  is  pending,  shall  dispense  with  the  rules;  and 
every  bill  having  passeed  both  houses,  shall  be  signed  by  the 
President  of  the  Senate  and  the  Speaker  of  the  House  of  Rep- 
resentatives, in  open  session. 

Sec.  27.  Every  bill  which  shall  have  passed  both  houses, 
shall  be  presented  to  the  Governor:  if  he  approves,  he  shall 
sign  it.  but  if  he  shall  not  approve,  he  shall  return  with  his 
objections,  to  the  house  in  which  it  shall  have  originated,  who 
shall  enter  the  objections  at  large  upon  their  Journal,  and  pro- 
ceed to  reconsider  it;  if,  after  such  reconsideration,  two-thirds 
of  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent  with 
the  objections  to  the  other  house,  by  which  likewise  it  shall  be 
reconsidered,  and  if  approved  by  two-thirds  of  that  house,  it 
shall  be  a  law;  but  in  such  cases  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  persons 
voting  for  or  against  the  bill,  shall  be  entered  on  the  journals 
by  each  house  respectively.  If  any  bill  shall  not  be  returned 
by  the  Governor  within  ten  days  (  Sundays  excepted),  after  it 
shall  have  been  presented  to  him.  it  shall  be  a  law  in  like  man- 
ner as  if  he  had  signed  it.  unless  the  General  Assembly,  by 
their  adjournment,  prevented  its  return,  in  which  case  it  shall 
be  a  law,  unless  sent  back  within  three  days  after  their  next 
meeting. 

Sec.  28.  Every  order,  resolution  or  vote,  to  which  the  con- 
currence of  both  houses  may  be  necessary  (except  on  the  ques-  . 
tion  of  adjournment),  shall  be  presented  to  the  Governor,  and 
before  it  shall  take  effect  to  be  approved  by  him,  or  being  dis- 
approved, shall  be  repassed  by  a  two-thirds  vote  of  both  houses, 
according  to  the  rules  of  limitations  prescribed  in  all  cases  of 
a  bill. 

Sec.  29.  No  money  shall  be  drawn  from  the  Treasury  but  in 
consequence  of  appropriations  made  by  law. 

Sec.  30.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  but  two-thirds  of  all  the  members 
must  concur  in  an  impeachment.  All  impeachments  shall  be 
tried  by  the  Senate,  and  when  sitting  for  that  purpose,  the  Sen- 
ators shall  be  upon  oath  or  affirmation,  to  do  justice  according 
to  law  and  evidence. 

Sec.  31.  The  Governor  and  all  other  civil  officers  under  this 
State,  shall  be  liable  to  impeachment  for  treason,  bribery  or 
any  high  crime  or  misdemeanor  in  office. 

Sec.  32.  When  the  Governor  shall  be  tried,  the  Chief  Jus- 
C— 11 


162 


lice  of  the  Supreme  Court  shall  preside,  and  no  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  all  the 
Senators. 

Sec.  33.  Judgment  in  such  cases  shall  not  extend  farther 
than  removal  from  office  and  disqualification  to  hold  any  office 
of  honor,  trust,  or  profit,  under  this  State;  but  the  party  con- 
victed shall  nevertheless  be  subject  to  indictment,  trial,  judg- 
ment, and  punishment  according  to  law. 

Sec.  34.  For  reasonable  cause,  which  shall  not  be  sufficient 
ground  of  impeachment,  the  Governor  shall,  on  the  joint 
address  of  two-thirds  of  each  branch  of  the  General  Assembly, 
remove  from  office  the  Judges  of  the  Supreme  and  inferior 
courts;  Provided,  The  cause  or  causes  of  removal  be  spread 
on  the  Journal,  and  the.  party  charged  be  notified  of  the  same, 
heard  by  himself  and  counsel  before  the  vote  is  finally  taken 
and  decided. 

Sec.  35.  Treason  against  this  State  shall  consist  only  in 
levying  war  against  it,  or  in  adhering  to  the  enemies  of  the 
government,  giving'  them  aid  or  comfort.  No  person  shall  be 
convicted  of  treason  unless  on  the  testimony  of  two  witnesses 
to  the  same  overt  act,  or  on  confession  in  open  court. 

Sec  36.  The  style  of  the  laws  of  the  State  shall  be,  "  Be  it 
enacted  by  the  General  Assembly  of  the  State  of  Mississippi." 

Sec.  37.  The  General  Assembly  shall  provide  for  the  enu- 
meration of  the  whole  number  of  inhabitants,  and  of  the 
qualified  electors  of  the  State,  once  in  every  five  years;  and 
the  first  enumeration  shall  be  made  A.  D.  1869. 

Sec  38.  The  number  of  Representatives  shall,  at  the  several 
periods  of  making  such  enumeration,  be  apportioned  among 
the  several  counties  or  districts,  according  to  the  number  of 
qualified  electors  in  each,  and  shall  not  be  less  than  one  hun- 
dred, nor  more  than  one  hundred  and  twenty;  Provided,  That 
each  county  or  district  having  three-fourths  of  the  ratio 
required,  shall  be  entitled  to  one  member;  and  that  after  the 
first  enumeration  as  provided  for  by  this  Constitution,  each 
county  shall  be  entitled  to,  at  least,  one  Representative. 

Sec.  o9.  The  number  of  Senators  shall,  upon  each  enumera- 
tion made,  be  apportioned  according  to  the  number  of  quali- 
fied electors  in  the  several  districts,  and  shall  never  be  less 
than  one-fourth,  nor  more  than  one  third  the  whole  number  of 
Representatives. 

Sec  40.  Until  the  first  enumeration  and  a  new  apportion- 
ment shall  be  made,  as  provided  and  directed  in  this  Constitu- 
tion, the  apportionment  of  Senators  and  Representatives^ 
among  the  several  counties  and  districts  in  this  State  shall  be 
as  follows: 

HOUSE  OF  REPRESENTATIVES. 

1st.  The  county  of  Warren,  five  Representatives. 
2d.  The  counties,  of  Hinds  and  Lowndes,  each  four  Repre- 
sentatives. 


163 


3d.  The  counties  of  Adams.  Carroll,  DeSoto,  Holmes.  Mad- 
ison, Marshall,  Monroe,  Noxubee,  Tishomingo,  and  Yazoo, 
each  three  Representatives. 

4th.  The  counties  of  Attala,  Chickasaw,  Choctaw,  Claiborne, 
Copiah,  Jefferson,  Lafayette,  Lauderdale,  Lee,  Oktibbeha, 
Panola,  Tippah,  Washington,  Wilkinson,  and  Yalobusha,  each 
two  Representatives. 

5th.  The  counties  of  Amite,  Bolivar,  Calhoun,  Clarke,  Frank- 
lin, Issaquena,  Itawamba,  Jasper,  Kemper,  Lawrence,  Leake, 
Pontotoc,  Pike,  Sunflower,  Scott,  Tallahatchie,  and  Winston, 
each  one  Representative. 

6th.  The  counties  of  Rankin  and  Simpson,  three  Representa- 
tives. 

7th.  The  counties  of  Coahoma  and  Tunica,  two  Representa- 
tatives. 

8th.  The  counties  of  Newton  and  Neshoba,  two  Representa- 
tives. 

9th.  The  counties  of  Covington  and  Smith,  one  Representa- 
tive. 

10th.  The  counties  of  Wayne  and  Davis,  one  Representative. 
11th.  The  counties  of  Greene  and  Jackson,  one  Representa- 
tive. 

12th.  The  counties  of  Hancock  and  Morion,  one  Representa- 
tive. 

13th.  The  counties  of  Harrison  and  Perry,  one  Representa- 
tive. 

SENATE. 

Sec.  11.  The  counties  of  Hancock,  Harrison,  Jackson, 
Marion,  Greene,  and  Perry,  shall  form  the  First  District,  and 
elect  one  Senator. 

2d.  The  counties  of  Wilkinson  and  Amite,  the  Second  Dis- 
trict, and  one  Senator. 

3d.  The  counties  of  Pike,  Lawrence,  Covington,  and  Davis, 
the  Third  District,  and  one  Senator. 

4th.  The  county  of  Adams,  the  Fourth  District  and  one 
Senator. 

5th.  The  counties  of  Franklin  and  Jefferson,  the  Fifth  Dis- 
trict, and  one  Senator. 

6th.  The  counties  of  Claiborne  and  Copiah,  the  Sixth  Dis- 
trict, and  one  Senator. 

7th.  The  counties  of  Warren  and  Issaquena,  the  Seventh 
District,  and  two  Senators. 

Sth.  The  count v  of  Hinds,  the  Eight  District,  and  one  Sena- 
tor. 

9th.  The  counties  of  Rankin  and  Simpson,  the  Ninth  Dis- 
trict, and  one  Senator. 

10th.  The  counties  of  Smith,  Jasper,  Clarke,  and  Wayne,  the 
Tenth  District,  and  one  Senator. 

11th.  The  counties  of  Lauderdale  and  Kemper,  the  Eleventh 
District,  and  one  Senator. 


104 

12th.  The  counties  of  Newton,  Neshoba,  and  Seott,  the 
Twelfth  District,  and  one  Senator. 

13th.  The  counties  of  Leake,  and  Madison,  the  Thirteenth 
District,  and  one  Senator. 

14th.  The  county  of  Yazoo,  the  Fourteenth  District,  and  one 
Senator. 

15th.  The  counties  of  Washington  and  Sunflower,  the 
Fifteenth  District,  and  one  Senator. 

16th.  The  county  of  Holmes,  the  Sixteenth  District,  and  one 
Senator. 

17th.  The  counties  of  Attala  and  Winston,  the  Seventeenth 
District,  and  one  Senator, 

18th.  The  county  of  Noxubee,  the  Eighteenth  District,  and 
one  Senator. 

19th.  The  counties  of  Lowndes  and  Oktibbeha,  the  Nine 
teenth  District,  and  two  Senators. 

20th.  The  counties  of  Choctaw  and  Carroll,  the  Twentieth 
District,  and  two  Senators. 

21st.  The  county  of  Monroe,  the  Twenty-first  District,  and 
one  Senator. 

22d.  The  counties  of  Calhoun  and  Yalobusha,  the  Twenty- 
second  District,  and  one  Senator. 

23d.  The  county  of  Chickasaw,  the  Twenty-third  District,  and 
one  Senator. 

24th.  The  counties  of  Bolivar,  Coahoma,  and  Tunica,  the 
Twenty-fourth  District,  and  one  Senator. 

25th.  The  counties  of  Panola  and  Tallahatchie,  the  Twenty- 
fifth  District,  and  one  Senator. 

26th.  The  county  of  DeSoto,  the  Twentj'-sixth  District,  and 
one  Senator. 

27th.  The  county  of  Marshall,  the  Twenty-seventh  District, 
and  one  Senator. 

28th.  The  counties  of  Lafayette  and  Pontotoc,  the  Twenty 
eighth  District,  and  one  Senator. 

29th.  The  counties  of  Lee  and  Itawamba,  the  Twenty-ninth 
District,  and  one  Senator. 

30th.  The  counties  of  Tippah  and  Tishomingo,  the  Thirtieth 
District,  and  one  Senator. 

Sec.  42.  The  Senators  on  being  convened  in  consequence  of 
the  first  election,  shall  be  divided  by  lot  from  their  respective 
Districts  into  two  classes  as  nearly  equal  as  can  be;  and  the 
seats  of  the  first  class  shall  be  vacated  at  the  expiration  of  the 
second  year. 

Sec.  43.  The  General  Assembly,  shall  provide  for  the  organ- 
ization of  new  counties,  locating  county  seats,  and  changing 
county  lines;  but  no  county  seat  shall  be  changed  without  the 
consent  of  the  majority  of  the  electors  of  the  county;  nor  any 
county  organized,  nor  the  lines  of  any  county  changed  so  as  to 
include  an  area  of  less  than  four  hundred,  no  more  than  six 
hundred  and  twenty-five  square  miles. 

Report  received,  and  one  hundred  copies  ordered  to  be 
printed,  and  made  the  special  order  for  the  6th. 


165 


Unfinished  business  came  up  for  consideration,  being  the 
amendment  of  Mr.  Gibbs  to  refer  to  the  committee  on  Printing, 
a  resolution  in  reference  to  the  per  diem  of  members  leasing 
after  the  forty-fifth  day. 

A  motion  was  made  to  lay  on  the  table; 

Which  was  lost 

The  Convention  adjourned  until  to-morrow  morning  at  10 
o'clock, 

T.  P.  Sears. 

Secretary. 


TWENTY-SIXTH  DAT. 

Jacks  ox,  3Iis£.,  Wednesday,  February  5th.  1S6S. 

Convention  met  pursuant  to  adjournment 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President  Messrs.  Alderson.  Alcorn,  Ballard,  Beam, 
Bonney,  Bridges,  Brinson,  Caldwell.  Casteilo,  Chapman,  Chap- 
pell.  Clarke.  Combash.  Compton,  Cunningham.  Dalton.  Dowd, 
Brane,  Elliott  John,  Elliott  James.  Field.  Fitzkugh,  Gaither, 
Gibbs,  Handy.  Hauser.  Holland.  Howe.  Hutto,  Jacobs.  Jami- 
son. Johnson  A,,  Jones,  Kerr,  Lawson,  Leas,  Leonard.  Long- 
mire,  May  son,  Mask,  Musgrove,  Miles.  Moore,  Morgan.  Myers, 
Mygatt,  McKee.  McKuight.  Nesbitt,  Xewsoni.  Orr,  Ozanne. 
Parsons  of  Adams,  Parsons  of  Hinds,  Peyton  of  Hinds,  Pow- 
ell. Quinn,  Eailsback,  Eainey,  Richardson,  Smith,  Stewart. 
Stites,  Stricklin,  Stringer,  Stiles,  Toy,  Vaughan,  Warren,  Weir  . 
Williams.  Woodmansee,  and  Yeoman — 74. 

The  following  delegates  weie  absent: 

Messrs.  Collins.  Conley.  Fawn,  Goss.  Gray.  Hemmingway, 
Herbert,  Johnson  S.,  Lack,  Montgomery.  McCutchen.  Xeilson, 
Xehns.  Pevton  of  Copiah.  Phillips.  Stovall.  Townsend,  Walker. 
Watson— 19. 

Mr.  Compton  £sked  an  extension  of  one  day  to  Mr.  Town- 
send" s  leave  Gf  absence: 
Which  was  granted. 

Convention  adjourned  to  meet  to-morrow  morning,  at  10 
o'clock. 

T.  P.  Sears. 

Secretary. 


166 


TWENTY-SEVENTH  DAY. 

Jackson,  Miss.,  Thursday,  February  6th,  1868. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain, 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam, 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chap- 
pell,  Clarke,  Combash,  Compton,  Cunningham,  Dalton,  Dowd, 
Drane,  Elliott  John,  Elliott  James,  Fawn,  Field,  Fitzhugh, 
Gibbs,  Goss,  Gra3r,  Handy,  Hauser,  Herbert,  Holland,  Howe, 
Hutto,  Jacobs,  Jamison,  Johnson  S.,  Johnson  A.,  Jones,  Kerr, 
Lawson,  Leas,  Leonard,  Longmire,  Mayson,  Mask,  Musgrove, 
Merryman,  Moore,  Morgan,  Myers,  Mygatt,  McKee,  Mc- 
Knight,  Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons 
J.  R.,  Peyton  E.  A.,  Railsback,  Rainey,  Richardson,  Smith, 
Stewart,  Stites,  Stricklin,  Stringer,  Stiles,  Toy,  Vaughan, 
Warren,  Weir,  Williams,  Woodmansee,  and  Yeoman — 76. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Collins,  Con  ley,  Gaither,  Hemmingway,  Lack, 
Miles,  McCutchen,  Neilson,  Nelms,  Peyton  E,  G.,  Phillips, 
Powell,  Quinn,  Stovall,  Townsend,  and  W^atson — 17. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  Mr.  Miles  for  ten  days; 
also  to  Mr.  Powell  for  ten  days. 

Reports  of  standing  committees  being  in  order,  Mr.  Herbert, 
of  the  Judiciary  Committee,  submitted  a  minority  report: 

To  the  lion.  President  and  Members  of  the  Convention: 

The  undersigned,  one  of  the  committee  on  the  Judiciary 
Department,  would  now,  according  to  previous  notice,  bring 
in,  and  beg  leave  to  make  the  following  minority  report,  differ- 
ing, in  what  are  regarded  by  the  undersigned,  important  and 
essential  features,  from  the  majority  report. 

The  undersigned,  in  the  main,  is  opposed  to  the  appointment 
of  any  permanent  civil  officer,  except  by  the  people's  election 
at  the  polls.  It  is  believed  to  be  the  wisest  and  the  best,  with 
short  terms  of  service.  It  has  been  tried,  and  it  has  succeeded; 
a,nd  yet,  as  one  man  should  not  expect  to  have  everything  his 
own  way,  the  appointing  power  of  the  Governor  and  Senate  is 
yielded  to  all  the  higher  judicial  officers  to  fill  the  first  terms 
under  the  new  Constitution,  after  which,  it  is  proposed  that 
the  L?gislature  shall  have  power  to  authorize  said  offices  to  be 
filled  by  election. 

This  report  differs  from  the  majority  report  as  to  the  term  of 
service  of  the  Judges  of  the  highest  judicial  tribunal.  There 
are  reasons,  it  is  true,  for  giving  a  somewhat  longer  term  to 
the  higher  offices;  but  there  are  none  for  giving  any  one  an. 


167 


unreasonably  long  term.  Nine  years  are  too  long  for  any 
officer  to  sit  in  his  place,  independent  of  his  constituents.  It 
has  a  healthful  effect  to  bring  those  who  would  hold  the  offices, 
in  close  proximity,  at  short  intervals,  with  the  voters.  Each 
learns  of  the  other,  and  thus  both  parties  are  benefitted.  It 
rubs  off  prejudices  and  dislikes,  and  impresses  them  with  the 
important  understanding  that  they  all  belong  to  the  same  great 
human  family. 

The  separate  courts  sought  to  be  established  by  the  majority 
report,  are  deemed  wholly  unnecessary,  if  not  entirely  useless, 
in  the  present  condition  of  the  country.  The  State  of  Missis- 
sippi, long  ago,  before  secession  was  seriously  thought  of,  tried 
the  separate  Chancery  system.  We  had  one  Chancellor,  and 
one  court  at  Jackson  for  the  entire  State.  It  did  not  work 
well.  It  did  not  answer  the  purpose,  and  the  Legislature,  with 
the  approbation  of  the  people,  added  to  that  several  District 
Chancery  Courts,  and  established  them  at  convenient  place- 
throughout  the  State.  This  arrangement  still  did  not  answer 
the  purpose,  and  the  Legislature,  once  more,  changed  the 
s}*stem,  and  gave  the  jurisdiction  to  the  Circuit  Courts,  that  is, 
to  the  Circuit  Judges.  For  four  or  live  years  they  discharged 
the  duties  of  Chancellor  very  well;  but  after  the  war  com- 
menced they  never  touched  the  docket,  and  if  since  its  close, 
they  have,  in  my  county,  more  than  touched  occasionally, 
and  granted  a  decree  here  and  there,  where  especial  attention 
was  called  to  the  case,  I  confess  that  I  have  no  knowledge  of 
it;  but  all  this,  though  true,  makes  no  sufficient  reason  why  we 
should  create  as  man}T  Chancellors,  to  preside  in  separate 
courts,  as  we  shall  have  in  the  Circuit  Courts,  when  it  is  most 
manifest  that  Judges  of  the  latter  courts  can  do,  with  ease,  ail 
that  will  be  done  by  both,  if  the  majority  report  should  be 
adopted. 

Almost  all  the  new  cases  upon  old  claims  have  been,  more 
than  six  months  ago,  if  not  merged  into  judgments,  on  the 
way  side,  in  that  direction.  The  old  business,  commenced  in 
the  courts  before  the  war,  has,  for  the  most  part,  been  disposed 
of;  that  which  was  commenced  while  the  war  was  progressing, 
is  trifling  as  to  quantum,  and  when  it  is  taken  into  considera- 
tion that  it  is  almost  wholly  useless  to  pay  a  lawyer  to  obtain 
a  judgment,  and  when  it  is  considered  that  there  are  so  very 
few  new  -debts  being  contracted,  and  when  the  Bankrupt  Law 
will  just  fit  the  cases  of  the  most  of  the  indebted  class,  it  is  not 
to  be  reasonably  expected  that  there  will  be  much  new  busi- 
ness hereafter  crowding  the  courts  for  many  years  to  come.  It 
is  believed  that  a  dearth  is  about  to  take  place  in  the  law 
business  of  the  State.  Nay,  it  has  already  set  in,  and  it  will 
not  be  long  before  both  the  bar  and  the  bench  will  be  idle. 
Then  why  have  a  double  set  of  Judges,  when  it  is  most  likely 
that  one  set  will  be  able  to  do  all  the  business,  and  be  idle 
half  the  time  r  Why  pay  out  double  money,  when  half  the 
amount  will  do  just  as  well,  and  better?  And  moreover, 
almost  every  day,  some  member  of  this  Convention  is  pressed 


168 


up  to  the  point  of  introducing  an  ordinance,  or  resolution,  or 
something  else,  to  abolish  all  the  old  debts ;  some  include  the 
new.  ones  with  them,  and  some  again  satisfy  themselves  by 
striking  out  all  the  debts  created  for  slaves.  Now  suppose 
these  schemes  succeed,  and  the  people  should  treat  such  ordi- 
nances as  law,  where  will  be  the  use  of  the  separate  Chancery 
Courts,  and  the  extra  set  of  Judges  ? 

But  it  is  proposed  in  the  majority  report  to  do  away  with  the 
Probate  Judges,  and  confer  the  jurisdiction  heretofore  exer- 
cised by  them,  upon  the  separate  Chancery  Judges.  This 
change  is  objected  to  in  this  minority  report,  because  it  is  more 
expensive  and  less  convenient.  If  a  good  lawyer  is  selected 
for  Probate  Judge,  he  can  discharge  the  duties  of  that  office 
better  than  a  Chancellor,  because  he  will  reside  in  the  county, 
and  be  always  on  hand  to  audit  and  allow  claims  required  as 
vouchers,  and  examine  papers,  etc.,  to  hold  his  monthly  court, 
and  to  do  many  other  things  too  tedious  to  be  here  mentioned. 
The  Probate  Judge  ought  to  be  a  good  lawyer,  for  important 
questions  of  law  are  constantly  arising  for  his  decision;  but  he 
ought  to  be  a  good  accountant,  also,  for  he  has  to  deal  with 
accounts  from  the  beginning  to  the  end  of  every  decedent's 
estate  that  comes  into  his  court,  and  it  is  in  vacation  that  he  can 
best  look  into  them.  This  he  could  not  do  while  he  is  a  Chan- 
cellor, traveling  a  circuit  ;  besides,  even  though  large  and 
plenary  powers  be  given  to  the  local  clerks,  it  will  be  found 
not  to  answer  the  purpose  and  suit  the  convenience  of  the 
people  so  well  as  to  have  a  Judge  in  each  county. 

The  County  Court,  held  once  a  month  for  the  trial  of  small 
cases,  civil  and  criminal,  should  be  held  by  the  Probate  Judge, 
This  would  keep  the  jails  empty,  enable  small  offenders  to 
obtain  a  speedy  trial,  and  have  their  troubles  ended.  The 
promptitude  with  which  judgments  may  be  obtained  in  those 
monthly  courts  would  have  no  bad  eifect,  either  upon  the 
morals  or  business  transactions  of  the  county.  Cases  of 
forcible  entry  and  unlawful  detainer,  and  all  appeals  from  Jus- 
tices of  the  Peace  should  be  triable  in  the  County  Court. 

But  the  Probate  Judges,  besides  holding  these  two  courts? 
the  Probate  and  the  County  Court,  should  be  empowered  to 
act  in  the  place  and  stead  of  the  agents  of  the  Freedmen's 
Bureau,  whenever  that  class  of  officers  diall  be  withdrawn. 
The  negroes  need  an  officer  to  go  to  for  advice  and  for  prompt 
redress  of  small  grievances;  and  they  will  need  this  for  years 
to  come,  and  these  Judges  will  be  convenient  officers  in  every 
county,  elected  for  the  most  part  by  the  negroes  themselves; 
and  their  courts  always  kept  open  for  freedmen's  business,  and 
authorized  to  hear  cases  in  any  part  of  the  county  where  the 
Judge  may  think  proper  to  go. 

All  the  Judges,  from  those  of  the  Supreme  Court  down  to  the 
Probate  Court,  inclusive,  should  be  residents  for  at  least  six 
months  in  the  county  or  district  in  which  they  are  to  serve, 
citizens  of  the  State  for  two  years,  having  a  well  understood, 


169 


good,  liberal  English  education,  and  being  lawyers  of  good 
standing  in  their  respective  counties  or  districts. 

With  these  remarks,  the  following  plan  and  specifications 
are  respectfully  submitted  to  this  Convention  for  its  careful 
consideration,  entitled  Article  IV,  Judicial  Department,  of  the 
Constitution  of  the  State  of  Mississippi. 

Respectfully  submitted, 

James  L.  Herbert. 
ARTICLE  IV— JUDICIAL  DEPARTMENT. 

Section  1.  The  judicial  power  of  this  State  shall  be  vested 
in  one  Supreme  Court,  and  such  other  courts  of  law  and  equity 
as  are  hereafter  provided  for  in  this  Constitution. 

Sec.  '2.  The  Supreme  Court  shall  consist  of  three  Judges, 
any  two  of  whom  shall  form  a  quorum.  The  Legislature  shall 
divide  the  State  into  three  Districts;  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  shall  appoint  one 
Judge  for  each  District,  for  the  term  of  six  years. 

Sec.  3.  The  office  of  one  of  said  Judges  shall  be  vacated  in 
two  years,  of  one  in  four  years,  and  of  one  in  six  years;  so 
that,  at  the  expiration  of  every  two  years,  one  of  said  Judges 
shall  be  appointed  as  aforesaid,  or  elected  by  the  people,  if  the 
Legislature  so  direct.  And  the  Legislature  is  hereby  authori- 
zed and  empowered,  at  any  time,  to  withdraw  the  appointing 
power  from  the  Governor,  and  provide  for  the  election,  by  the 
people,  of  all  the  Judges  of  the  State;  Provided,  however,  That 
no  such  appointment  shall  be  in  anywise  affected  thereby,  dur- 
ing the  term  for  which  such  first  appointment  shall  have  been 
made. 

Sec.  4.  The  Supreme  Court  shall  have  no  jurisdiction,  but 
such  as  properly  belongs  to  a  Court  of  Errors  and  Appeals. 

Sec.  5.  All  vacancies  that  may  occur  in  said  courts,  from 
death,  resignation,  or  removal,  shall  be  filled  by  appointment 
or  election  as  aforesaid;  Provided,  however,  That  if  the  unex- 
pired term  do  not  exceed  one  year,  the  vacancy  shall  be  filled 
by  Executive  appointment,  as  it  shall  be  in  all  cases  where  no 
election  is  to  take  place,  and  where  the  vacancy  occurs  during 
the  recess  of  the  Legislature;  but  always  subject  to  the  ap- 
proval or  disapproval  of  the  Senate  at  the  next  meeting 
thereof. 

Sec.  6.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  Supreme  Court,  who  has  not  acquired  a  good,  liberal, 
English  education;  who  has  not  been,  for  at  least  five  years, 
a  practising  lawyer  of  good  standing;  who  is  not  a  citizen  of 
the  United  States,  has  not  been  a  citizen  of  this  State  for  two 
years,  and  a  resident  of  the  district  for  which  he  shall  be  ap- 
pointed or  elected,  for  the  space  of  six  months  next  before  such 
appointment  or  election;  and  who  shall  not  have  attained  the 
age  of  thirty  years. 

Sec.  7.  The  Supreme  Court  shall  be  held  at  least  once  in  each 
jTear,  at  the  seat  of  government,  and  at  such  other  place  or 


170 


places  in  the  State  as  the  Legislature  ma3r,  from  time  to.  time, 

direct. 

Sec  8.  Immediately  after  the  first  appointment  of  the 
Judges  as  aforesaid,  the  Governor,  in  the  presence  of,  and  with 
the  assistance  of  the  President  of  the  Senate,  and  the  Secreta- 
ry of  State,  shall  determine  by  lot,  which  of  said  Judges  shall 
serve  for  the  term  of  two  years,  which  shall  serve  for  the  term 
of  four  years,  and  which  shall  serve  for  the  term  of  six  years; 
and  having  so  determined  the  same,  it  shall  be  the  duty  of  the 
Governor  to  issue  commissions  accordingly. 

Sec.  9.  No  Judge  shall  sit  on  the  trial  of  any  cause,when  the 
parties  or  either  of  them,  shall  be  connected  with  him  by 
affinity  or  consanguinity,  or  where  he  may  be  interested  in  the 
same,  except  by  consent  of  the  judge,  and  of  the  parties;  and 
when  a  quorum  of  said  Court  are  situated  as  aforesaid,  the 
Governor  of  the  State  shall,  in  all  such  cases,  specially  appoint 
and  commission  two  or  more  men,  learned  in  the  law,  for  the 
determination  thereof. 

Sec.  10.  The  Judges  of  said  Court  shall  receive  for  their 
services,  a  compensation  to  be  fixed  by  law,  which  shall  not  be 
diminished  during  their  continuance  in  office  under  the  current 
term  of  service. 

Sec.  11.  The  Judges  of  the  Circuit  Court  shall  be,  for  the 
first  term,  appointed  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate,  and  hold  their  offices  for  the  term 
of  four  years,  and  they  shall  reside  in  their  respective  districts. 

Sec  12.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  Circuit  Court,  who  shall  not  have  acquired  a  good,  liberal, 
English  education;  who  shall  not  have  been  a  lawyer  of  good 
standing  at  the  bar  for  at  least  three  years ;  who  has  not  been  a 
citizen  of  this  State  two  years,  and  for  six  months  a  resident 
of  the  district  in  which  he  may  design  to  serve,  and 
who  shall  not  have  attained  the  age  of  twenty-six  years. 

Sec.  13.  The  Legislature,  at  its  first  session  under  this  Con- 
stitution, shall  divide  the  State  into  a  convenient  number  of 
districts,  so  that  the  number  shall  not  exceed  ten,  distributing 
the  counties  to  the  districts,  equally  and  as  equitably  as  may  be, 
taking  into  due  considertaion  the  extent  of  territory,  number 
of  the  population,  and  the  amount  of  business  done  in  each 
county. 

Sec  14.  The  Circuit  Court  shall  have  original  jurisciction  in 
all  matters,  civil  and  criminal,  within  this  State;  but  in  civil 
cases  only  when  the  principal  of  the  sum  in  controversj'  ex- 
ceeds fifty  dollars. 

Sec  15.  A  Circuit  Court  shall  be  held  in  each  count}'  of  this 
State,  at  least  twice  in  each  year;  and  the  Judges  of  said  Courts 
shall  interchange  circuits  with  each  other  in  such  manner  as 
may  be  prescribed  by  law,  and  shall  receive  for  their  services  a 
compensation  to  be  fixed  by  law,  which  shall  not  be  diminished 
during  their  continuance  in  office,  under  the  then  current  term 
of  service. 

Sec  16.  Chancery  Courts,  with  full  and  complete  jurisdiction 


171 


in  all  matters  of  equity,  shall  be  held,  by  the  Circuit  Judges,  in 
their  respective  districts  and  counties  composing  the  same,  un- 
der such  rules  and  regulations  and  at  times  and  places  as  may 
be,  from  time  to  time,  prescribed  by  law. 

Sec.  17.  The  style  of  all  process  shall  be:  "The  State  of 
Mississippi;"  and  all  prosecutions  shall  be  carried  on  in  the 
name  and  by  the  authority  of  ;-  The  State  of  Mississippi,""  and 
shall  conclude,  "  against  the  peace  and  dignity  of  the  same." 

Sec.  18.  A  Probate  Court  shall  be  established  in  each  and 
every  county  in  this  State,  with  jurisdiction  in  all  matters  tes- 
tamentary and  of  administration,  in  minors'  business  and 
allotment  of  dower,  in  cases  of  idiocy  and  lunacy,  and  of  per- 
sons non  compos  mentis.  The  judge  of  said  court  shall  be 
elected  by  the  qualified  electors  of  the  respective  counties, 
for  the  term  of  two  years,  and  hold  his  court  once  every 
month. 

Sec.  19.  A  County  Court  shall  be  established  in  each  and 
every  county  in  this  State,  with  civil  jurisdiction  in  matters  of 
controversy  where  the  amount  demanded,  or  property  claimed 
does  not  exceed  in  value  the  sum  of  two  hundred  and  fifty 
dollars;  in  all  cases  of  "forcible  entry  and  unlawful  detainer," 
and  in  all  cases  of  appeal  from  the  decisions  of  Justices  of 
the  Peace.  And  with  criminal  jurisdiction  in  the  minor  offenses 
of  assault,  assault  and  battery,  aflray,  riot,  unlawful  assembly, 
drunkenness,  vagrancy,  petit  larceny,  and  all  other  misdemean- 
ors of  similar  character,  so  as  to  secure  to  small  offenses  a 
speedy  trial,  and  relieve  the  prison  houses  from  their  inmates. 

Sec.  20.  Said  County  Court  shall  be  held  once  every  month, 
and  the  Judge  thereof  shall  be  the  Probate  Judge  aforesaid. 
And  no  person  shall  be  eligible  to  said  office,  who  shall  not 
have  acquired  a  good,  liberal,  English  education;  who  shall 
not  have  been  a  lawyer  of  good  standing  at  the  bar  for  at  least- 
two  years;  who  has  not  been  a  citizen  of  this  State  two  years, 
and  for  six  months  a  resident  of  the  county  for  which  he  shall 
have  been  elected. 

Sec  21.  A  Freedmen's.  Court  shall  be  established  in  every 
county  in  this  State,  where,  in  the  opinion  of  the  Legislature, 
there  shall  be  need  for  one,  and  where  there  is  no  agent  of  the 
Freedmen's  Bureau,  or  whenever,  hereafter,  such  agent  shall 
have  been  withdrawn:  the  Judge  of  said  Freedmen's  Court 
shall  be  the  Probate  Judge  aforesaid,  whose  jurisdiction  for 
the  preservation  of  the  freedmen's  rights  shall  be  co-extensive 
with  the  rightful  powers  exercised  by  the  agents  of  said  Bu- 
reau, whose  duties  and  jurisdiction  herein  may  be  modified, 
enlarged,  or  restricted  by  the  Legislature,  so  that  justice  is  not 
denied  to  any  one. 

Sec  22.  The  Freedmen's  Court  shall  be  always  open  for  the 
transaction  of  business,  at  the  county  seats  of  the  respective 
counties:  but  the  Judge  ma}',  in  his  own  discretion,  hear  and 
determine  cases  at  such  other  places  in  his  county  as  he  may 
think  safe  and  proper. 

Sec.  23.  The  Clerk  of  the  Supreme  Court  shall  be  appointed 


172 


by  said  court,  and  hold  his  office  for  the  term  of  four  years; 
and  the  Clerk  of  the  Circuit  Court,  who  shall  be  the  Clerk  of 
She  County  Court;  and  the  Clerk  of  the  Probate  Court,  who 
shall  be  the  Clerk  for  the  Board  of  County  Police,  shall  each 
be,  respectively,  elected  by  the  qualified  electors  of  the  respect- 
ive committees,  and  shall  hold  their  offices  for  the  term  of  two 
years. 

Sec.  21.  The  qualified  electors  of  each  county  shall  elect 
five  persons  for  the  term  of  two  years,  who  shall  constitute  a 
Board  of  County  Police  for  the  county  for  which  they  shall  be 
elected,  a  majority  of  whom  may  transact  business;  and  said 
Board  shall  have  full  jurisdiction  over  roads,  highways,  ferries, 
and  bridges,  and  all  other  matters  of  county  police;  and  shall 
order  all  county  elections  to  fill  vacancies  that  may  occur  in 
the  offices  of  their  respective  counties. 

Sec.  25.  No  person  shall  be  eligible  as  a  member  of  said 
Board,  who  shall  not  have  resided  one  year  in  the  county, 
where  it  has  been  so  long  in  existence,  and  who  is  not  a  citizen 
of  the  United  States;  who  cannot  read  intelligibly,  and  write 
legibly,  and  who  cannot  cypher  to  what  is  called  the  single  rule 
of  three;  and  all  vacancies  that  may  occur  in  said  Board  shall 
be  supplied  by  election,  as  aforesaid,  to  fill  the  unexpired 
term. 

Sec.  26.  The  Judges  of  the  courts  of  this  State,  and  also  the 
members  of  the  Board  of  County  Police,  shall,  by  virtue  of 
their  offices,  be  conservators  of  the  peace,  and  shall  be,  by  law, 
vested  with  ample  powers  in  this  respect. 

Sec.  27.  A  competent  number  of  Justices  of  the  Peace,  and 
Constables,  shall  be  chosen  in  each  county,  by  the  qualified 
electors  thereof,  by  districts,  who  shall  hold  the  offices  for  the 
term  of  two  years.  The  civil  jurisdiction  of  Justices  of  the 
Peace  shall  be  limited  to  cases  in  which  the  principal  of  the 
amount  in  controversy  shall  not  exceed  fifty  dollars;  and  in  all 
cases  triftd  by  a  Justice  of  the  Peace,  the  right  of  appeal  shall 
be  secured,  under  such  rules  and  regulations  as  shall  be  pre- 
scribed by  law.  Said  Justices  of  the  Peace  shall  have  concur- 
rent but  inferior  jurisdiction  of  minor  offenses,  with  the  County 
Courts. 

Sec.  28.  The  Legislature  may,  from  time  to  time,  establish 
such  other  inferior  courts  as  may  be  deemed  necessary,  and 
modify,  change  or  abolish  the  same  whenever  they  shall  deem 
it  expedient  to  do  so. 

Sec.  29.  There  shall  be  an  Attorney  General  elected  by  the 
qualified  electors  of  the  State,  whose  term  of  service  shall  be 
iour  years;  and  a  competent  number  of  District  Attorneys 
shall  be  elected  by  the  qualified  electors  of  their  respective  dis- 
tricts; whose  term  of  service  shall  also  be  four  years,  and 
whose  compensation  shall  be  prescribed  by  law,  as  shall  be  the 
compensation  of  the  Attorney  General. 

Sec.  30.  No  person  shall  be  eligible  to  the  office  of  Attorney 
General,  who  shall  not  have  acquired  a  good,  liberal  English 
education;  who  shall  not  have  been  a  lawyer  of  good  standing 


173 


at  the  bar,  for  at  least  three  years:  who  has  not  been  a  citizen 
of  this  State  for  two  years;  who  is  not  a  citizen  of  the  United 
States,  and  who  has  not  attained  the  age  of  thirty  years,  And 
no  person  shall  be  eligible  to  the  office  of  District  Attorney, 
who  has  not  attained  the  age  of  twenty-six  years,  and  who  is 
not  entitled  to  the  benefits  of  all  other  qualifications,  exacted 
above  from  the  Attorney  General, 

Sec.  31.  The  Legislature  shall  provide  by  law  for  determin- 
ing contested  elections  of  Judges  of  the  Supreme  Court,  of  the 
Circuit  and  Probate  Courts,  the  Attorney  General  and  District 
Attorneys,  and  all  other  officers,  whenever  they  are  elected  by 
the  people. 

Sec.  32.  The  Judges  of  the  several  courts  of  this  State,  for 
wilful  neglect  of  duty,  or  other  reasonable  cause,  shall  be 
removed  by  the  Governor,  on  the  address  of  two-thirds  of  both 
houses  of  the  Legislature,  the  address  to  be  by  joint  vote  of 
both  houses;  the  cause  or  causes  for  which  such  removal  shall 
be  required,  shall  be  stated  at  length  in  such  address,  and  on 
the  Journal  of  each  house;  the  Judge  so  intended  to  be  removed 
shall  be  notified,  and  admitted  to  a  hearing  in  his  own  defense, 
if  he  desire  to  defend,  before  any  vote  for  such  address  shall 
pass;  the  vote  on  such  address  shall  be  taken  by  yeas  and  nays 
and  entered  on  the  Journal  of  each  house. 

Sec.  33.  The  Judges  of  the  Probate  Courts,  the  Clerks. 
Sheriffs,  and  other  county  officers,  for  wilful  neglect  of  duty, 
or  misdemeanor  in  office,  shall  be  liable  to  presentment  or 
indictment  by  a  grand  jury  and  trial  by  petit  jury,  and  upon 
conviction,  shall  be  removed  from  office,  and  liable  to  such 
other  penalties  as  may  be  prescribed  by  law. 

Sec.  34.  The  Judges  of  the  Probate  Court  shall,  for  all  the  ser- 
vices required  of  them,  receive  such  compensation  as  shall  be 
fixed  by  law,  not  to  be  diminished  during  the  current  term  of 
service. 

Which  was  received  and  ordered  to  be  printed. 

A  communication  was  received  from  Headquarters  Fourth 
Military  District,  in  reference  to  the  payment  of  Deputy  Sher- 
iffs of  the  count}*  of  Coahoma,  appointed  to  act  in  the  late 
election  for  members  of  the  Convention. 

Referred  to  Finance  Committee. 

Convention  adjourned  to  meet  at  10  o'clock  to-morrow. 

T.  P.  Sears, 

Secretary, 


TWENTY-EIGHTH  DAY. 

Jackson,  Miss.,  Friday,  February  7th,  1868, 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Rev,  Mr,  Williams,  of  Holmes  county- 


174 


Upon  the  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Beam,  Brinson, 
Caldwell,  Chappell,  Clarke,  Combash,  Compton,  Cunningham, 
Dalton,  Dowd,  Drane,  Elliott  John,  Elliott  James,  Field, 
Gibbs,  Goss,  Gray,  Handy,  Hauser,  Herbert,  Holland,  Hov/e, 
Hutto,  Jacobs,  Johnson  S.,  Johnson  A.,  Jones,  Kerr,  Lawson, 
Leas,  Leonard,  Longmire,  Mask,  Montgomery,  Moore,  Morgan, 
Myers,  Mygatt,  Miles,  McCutchen,  McKnight,  Newsom,  Orr, 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Quinn,  Rails- 
back,  Rainey,  Richardson,  Smith,  Stewart,  Stites,  Stiles,  String- 
er, Townsend,  Vanghan,  Warren,  Williams,  Woodmansee,  and 
Yeoman — 65. 

The  following  delegates  were  absent: 

Messrs.  Ballard,  Barry,  Bonney,  Bridges,  Castello,  Chapman, 
Collins,  Conlej^,  Fawn,  Fitzhugh,  Gaither,  Hemmingwa}^,  Lack, 
Mayson,  Miles,  Musgrove,  Merryman,  McKee,  Neilson,  Nelms, 
Nesbitt,  Peyton  E.  G.,  Phillips,  Powell,  Stovall,  Toy,  Walker, 
Watson,  and  Wier— 29. 

Leaves  of  absence  were  granted  to  the  following  named  gen- 
tlemen for  the  period  affixed  to  their  names : 

To  Mr.  Hemmingway  for  three  days;  to  Mr.  Cunningham  for 
one  day;  to  Mr.  McKee  for  three  clays;  to  Mr.  Quinn  for  two 
days;  to  Mr.  Jacobs  for  two  da}Ts;  to  Mr.  Musgrove  for  five 
days;  to  Mr.  Williams  for  ten  days;  to  Mr.  Fitzhugh  for  two 
days;  to  Mr.  Combash  for  three  days:  to  Mr.  McKnight  for 
four  days. 

The  Special  Committee  to  confer  with  Gen.  Gillem  in  refer- 
ence to  the  stay  of  executions,  submitted  the  following  as  the 
result  of  their  action,  being  a  communication  from  the  General 
in  command  Fourth  Military  District: 

Head  Quarters,  4th  Military  DisTRiCT,] 
Mississippi  and  Arkansas,  >■ 
Office  Civil  Affairs,  Vicksburg,  Miss.,  Feb.  4, 1868.  \ 

Honorable  Geo.  Stovall,  Chairman  of  Committee  of  the  Missis- 
ssippi  Constitutional  Convention  : 

Sir — I  am  directed  by  the  General  Commanding  Fourth 
Military  District  to  acknowledge  the  receipt  of  your  communi- 
cation enclosing  a  copy  of  the  resolution  directing  the  ap- 
pointment of  a  committee  of  five  to  proceed  to  this  place  and 
urge  him  to  issue  a  general  order  "  forbidding  sales  by  all  offi- 
cers and  trustees  except  for  wages  on  plantations  or  mechanics' 
labor,"  and  to  inform  you  that  after  mature  consideration  of 
the  subject,  the  General  Commanding  is  convinced  that  a  great 
portion  of  the  distress  of  the  people  in  this  State,  is  not  more 
the  result  of  the  failure  of  the  crops  than  that  of  indebtedness 
which  existed  at  the  close  ot  the  late  war.  Debtors  have  now 
had  three  years  in  which  to  cancel  their  obligations.  It  is  be- 
lieved that  facts  will  support  the  assertion,  that  the  indebted- 


175 


ness  of  the  people  at  the  present  time  is  greater  than  it  was  in 
1865.  Nor  is  it  believed  that  it  would  be  easier  to  cancel  these 
obligations  in  1869. 

A  great  portion  of  this  indebtedness  was  incurred  prior  to 
1861,  and  was  secured  by  mortgages  on  real  estate.  Slave  labor 
was  relied  upon  to  supply  the  means  by  which  to  cancel  these 
mortgages,  and  slavery  having  ceased  to  exist,  the  only  means 
of  canceling  the  obligations  is  the  sale  of  the  real  estate,  or  so 
much  ol  the  same  as  shall  be  necessary  for  that  purpose. 

Nor  is  it  apparent  how  the  sale  and  the  consequent  distribu- 
tion of  such  real  estate  will  injure  the  material  prosperity  of 
the  State.  In  noticing  that  portion  of  the  letter  of  the  major- 
it}'  of  j^our  committee,  which  asks  for  this  intervention  to  ena- 
ble the  people  to  proceed  with  their  planting  as  extensivefv  as 
their  limited  means  will  permit,  thereby  keeping  off  threatened 
starvation,  the  General  Commanding  begs  leave  to  call  the  at 
tention  of  your  committee  to  the  bankrupt  law  of  the  United 
States,  which  is  governed  in  its  operations  by  the  laws  of  ex- 
emption in  the  several  States.  It  will  be  observed  that  the 
exemption  laws  of  Mississippi  allow  to  each  family  160  acres 
of  land,  including  the  dwelling,  two  horses  or  mules,  with  the 
necessary  harness  or  implements,  five  cows,  household  furni- 
ture, with  one  year's  provisions,  etc.  It  is  suggested  that  with 
these  allowances  or  exemptions,  no  family  is  threatened  with 
starvation,  present  or  prospective,  by  non-intervention  or  al- 
lowing the  law  to  take  due  course. 

From  the  above  considerations  the  General  Commanding 
deems  it  inexpedient  to  issue  the  order  asked  for  in  the  resolu- 
tion transmitted  b}T  }Tour  committee. 

I  am,  Sir,  very  respectfully, 

Your  obedient  servant, 

John  Tyler, 

1st  Lt.  43cZ  Infantry,  Brvt.  Maj.  IT.  S.  A.,  A.  A.  A.  Gen' I. 

The  report  was  received  and  the  committee  discharged. 

The  resolution  of  Mr.  James  Elliot,  introduced  February  3d. 
and  the  amendment  of  Mr.  Alcorn  thereto,  came  up  for  con- 
sideration, and  Mr.  Elliott  offered  the  following  as  an  amend- 
ment to  the  amendment  ; 

That  the  Legislature  at  its  first  meeting  shall  abolish  all 
debts,  contracts,  judgments,  deeds  of  trust,  and  all  mortgages, 
that  may  have  been  entered  into  prior  to  the  28th  clay  of  April, 
1865. 

Mr.  Compton  moved  to  lay  both  the  amendments  on  the 
table ; 

Which  was  carried. 

Mr.  Compton  moved  to  lav  the  original  resolution  on  the 
table; 

Which  was  carried. 

Report  of  the  committee  on  Destitution  came  up  on  the 
amendment  of  Mr.  Weir,  viz;  to  strike  out  the  words  ''Boards 
of  Police,"  where  it  occurs,  and  insert  "  retained  Registrars." 

And  the  question  recurring  on  the  original,  it  was  adopted. 


178 


The  report  of  the  committee  on  the  Judiciary  was  made  the 
special  order  of  the  day  for  Monday  next. 

The  report  of  the  committee  on  the  Executive  came  up,  and 
was  read  the  first  time;  and  it  was 

Resolved,  That  the  Sergeant-at-Arms  be  directed  to  return 
the  printed  report  of  the  Executive  Committee  to  the  official 
Printer  of  this  body  for  correction. 

Which  was  adopted. 

And  the  consideration  of  the  report  was  laid  over  for  the 
day. 

Report  of  the  committee  on  the  Bill  of  Rights  was  laid  over. 
Report  of  the  committee  on  the  Legislative  Department  was 
also  laid  over. 

Mr.  Chappell  offered  the  following : 

Whereas,  The  desecration  of  the  Sabbath  has  become  so 
common  since  the  late  war,  plunging  the  country  into  demorali- 
zation deeper  than  that  consequent  to  the  war:  and 

Whereas,  The  God  of  Heaven  in  infinite  wisdom  dedicated 
the  seventh  day  of  the  week  as  a  day  of  rest  from  all  labor, 
because  in  it  He  rested  from  all  the  work  and  labor  which  He 
had  created  and  made;  and 

Whereas,  The  sacred  observance  of  the  Sabbath  exercises  a 
secret  influence  over  the  vital  interests  of  society,  more  potent 
than  penal  codes,  constituting  one  of  the  golden  pillars  of  re- 
ligion, whilst  the  faithful  obedience  to  the  command  "  Remem- 
ber the  Sabbath  day  to  keep  it  holy,"  becomes  the  great  key- 
stone of  the  arch  that  supports  the  everlasting  principles  of 
Christian  civilization;  therefore,  be  it 
Besolved,  That  there  be  incorporated  in  the  Constitution,  a  sec- 
tion requiring  the  first  Legislature  sitting  after  the  ratification 
of  the  Constitution,  to  enact  a  general  Sundajr  law,  prohibiting 
the  transmission  of  freight  or  passengers  on  all  the  railroads  in 
the  limits  of  the  State,  to  suspend  all  secular  business  of  any 
character  whatever,  and  especially  to  prohibit  the  carrying  of 
fire-arms,  hunting  and  shooting,  and  all  other  species  of  Sab- 
bath breaking,  under  such  pains  and  penalties  as  may  be 
deemed  necessary  to  prevent  the  violation  of  such  law. 

Pending  consideration  of  which,  special  order  of  the  day 
was  called; 

Unfinished  business,  being  the  amendment  of  Mr.  Gibbs  to 
Mr.  Orrs  resolution  in  reference  to  the  payment  of  members, 
after  the  forty-fifth  day. 

The  bond  of  Mr.  Parsons,  the  Treasurer,  was  received,  and 

Mr.  Compton  moved  to  appoint  a  committee  to  inquire  into 
the  responsibility  of  the  bondsmen. 

A  motion  was  made  to  lay  resolution  on  the  table; 

Which  was  decided  by  the  President  to  be  in  order. 

Mr.  Compton  appealed  from  the  decision  of  the  Chair,  and 
the  Chair  was  sustained. 

And  the  motion  of  Mr.  Compton  was  laid  on  the  table. 

Mr.  Mayson  moved  that  the  bond  of  the  Constitutional  Trea- 
surer, Mr.  F.  Parsons,  as  submitted  by  him  to  this  Convention, 


177 


the  same  being  properly  secured,  in  the  sum  of  thirty  thousand 
dollars,  be  approved. 

Mr.  Townsend  moved  to  amend  by  adding  when  accepted 
and  approved  by  the  President  of  this  Convention. 

Mr.  James  Elliott  moved  to  amend  by  adding  the  words. 
"  That  when  signed  by  all  the  members  of  the  Convention,  it 
be  approved;" 

Which  motion  was  laid  on  the  table. 

Mr.  A.  Johnson  moved  to  adjourn: 

Which  was  lost. 

Mr.  Morgan  moved  to  lay  the  amendment  of  Mr.  Townsend 
on  the  table; 

Which  was  carried. 

Mr.  Mayson  moved  the  previous  question,  which  was  sus- 
tained; and  the  motion  of  Mr.  Mayson  was  adopted. 
Mr.  Jacobs  offered  the  following: 

Mesolved,  That  there  shall  be  a  committee  of  five  appointed 
on  the  digest  of  all  resolutions  that  are  offered  by  members  of 
this  Convention,  that  are  not  offered  as  sections  for  the  Con- 
stitution, shall  be  referred  to  that  committee  without  debate, 
and  that  the  committee  shall  report  each  day  on  said  resolu- 
tions to  this  Convention. 

Which  was  adopted. 

Mr.  Fitzhugh  offered  the  following : 

Whereas,  Great  distress  prevails  in  many  portions  of  this 
State,  growing  out  of  the  fact  that  debts  contracted  prior  to. 
and  during  the  late  rebellion  are  now  being  pressed  for  col- 
lection; and 

Whereas,  The  said  debts  were  secured  by  liens  based  on  the 
right  of  property  in  man;  and 

Whereas,  The  Government  of  the  United  States  has  by  a 
proclamation  of  its  President,  and  by  laws  enacted  by  the  Con- 
gress thereof,  destroyed  that  right,  and  thereby  deprived  those 
who  contracted  debts  based  upon  this  supposed  right  of  these 
means  to  cancel  said  debts;  therefore,  be  it 

Resolved,  That  all  such  contracts  made  by  citizens  of  this 
State  be  declared  utterly  null  and  void,  and  that  hereafter  no 
process  shall  issue  in  any  court  in  this  State  enforcing  the 
pa}unent  thereof,  and  all  suits  now  pending  in  any  Circuit 
Court  in  this  State  shall  be  discontinued. 

Mr.  Fitzhugh  moved  the  adoption  of  the  preamble  and.  reso- 
lution, pending  which,  the  Convention  adjourned  to  meet  to- 
morrow morning,  at  10  o'clock. 

T.  P.  Sears, 

Secretary. 


C— 12 


178 


TWENTY-NINTH  DAY. 

Jackson,  Miss.,  Saturday,  February  8th,  1868; 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr..  President,  Messrs,  Alclerson,  Alcorn,  Ballard,  Beam,  Bon- 
ney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke,  Compton,  Dowd,  Elliott  John,  Elliott  Jas.,  Fawn,  Field, 
Fitzhugh,  Gibbs,  Goss,  Gray,  Handy,  Hauser,  Herbert,  Holland, 
Howe,  Hutto,  Jacobs,  Jamison,  Johnson  S.,  Johnson  A.,  Jones, 
Kerr,  Lawson,  Leas,  Leonard,  Longmire,  Mayson,  Mask,  Mont- 
gomery, Moore,  McCutchen,  Nesbitt,  Newsom,  Orr,  Parsons  F., 
Parsons  J.  R.,  Railsback,  Rainey,  Richardson,  Smith,  Stewart, 
Stites,  Stovall,  Stricklin,  Stringer,  Stiles,  Townsend,  Toy, 
Vaughan,  Warren,  Weir,  Woodmansee,  and  Yeoman — 66. 

The  following  delegates  were  absent : 

Messrs.  Barry,  Collins,  Combash,  Conley,  Cunningham,  Dai- 
ton,  Drane,  Gaither,  Hemmingway,  Lack,  Musgrove,  Miles, 
Merryman,  Myers,  Mygatt,  McKee,  Morgan,  McKnight,  Neilson, 
Nelms,  Ozanne,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Powell, 
Quinn,  Walker,  Watson,  and  Williams — 29. 

Leaves  of  absence  were  granted  the  following  named  dele- 
gates, for  the  period  affixed  to  their  names :  To  A.  Johnson  for 
three  days ;  to  G.  Myers  for  three  days  ;  to  V.  A.  Collins  for 
ten  days  ;  to  T.  Dalton  for  ten  days;  to  A,  Mj'gatt  for  three 
clays  ;  to  W.  D.  Nesbitt  for  ten  days. 

Col.  L.  W.  Perce,  of  Adams,  was  invited  to  a  seat  within  the 
bar  of  the  Convention, 

Standing  Committees  reported  as  follows: 

Committee  on  Printing  reported  progress. 

Committee  on  Finance  reported  progess. 

Committee  on  Public  Education  reported  progress, 

The  Committee  on  Digest  of  Resolutions  was  announced  by 
the  Chair,  as  follows :  H.  P.  Jacobs,  Thos.  W.  Stringer,  Jas, 
Weir,  H.  W.  Warren,  and  A.  T.  Morgan. 

The  consideration  of  the  report  of  the  Executive  Committee 
being  before  the  Convention,  it  was  passed  to  the  second 
reading. 

On  being  put  upon  its  third  reading,  by  sections  , 
Section  1  being  before  the  Convention, 
Mr.  Orr  moved  its  adoption. 

Mr.  Townsend  moved  to  amend  by  inserting  "two  years "  ia 
place  of  "  four  years; " 

Which  was  laid  on  the  table. 

And  section  1  was  passed  as  printed. 

Mr,  Parsons,  cf  Adams,  moved  to  postpone  the  further  con- 
sideration of  the  report  un^til  Tuesday  next,  asd  that  it  be  made 
the  special  order ;  which  was  carried. 


179 


Mr.  Gibbs  moved  to  reconsider  the  vote  adopting  the  first 
section. 

Mr  Orr  moved  to  la}^  the  motion  on  the  table  ; 
Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Ballard,  Bonney,  Bridges,  Brinson,  Clarke, 
Dowd,  Elliott  John,  Elliott  James,  Fawn,  Hauser,  Holland, 
Howe,  Jamison,  Johnson  A.,  Jones,  Kerr,  Leas,  Orr,  Railsback, 
Smith,  Stewart,  Stringer,  Warren,  Weir,  Wooclmansee — 25. 

Nays — Messrs.  Alclerson,  Alcorn,  Beam,  Caldwell,  Castello, 
Chapman,  Compton,  Drane,  Field,  Fitzlmgh,  Gibbs,  Goss, 
Gray,  Handy,  Herbert,  Hutto,  Johnson  S.,  Lawson,  Longmire, 
Ma3^son,  Montgomery,  Moore,  McCntchen,  Newsom,  Parsons 
F.,  Parsons  J.  R.,  Peyton  E.  A.,  Rainey,  Richardson,  Stiles, 
Stricklin,  Stites,  Townsend,  Toy,  Vaughan,  Yeoman — 36. 

A  motion  to  reconsider  the  vote  just  taken,  was  carried,  by 
the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Beam,  Brinson,  Caldwell, 
Castello,  Chapman,  Compton,  Field,  Fitzhugh,  Gibbs,  Goss, 
Gray,  Handy,  Herbert,  Hutto,  Jamison,  Johnson  S.,  Jones, 
Kerr,  Lawson,  Longmire,  Mayson,  Montgomery,  McCutehcn, 
Newsom,  Parsons  J.  R.,  Parsons  F.,  Peyton  E.  A.,  Rainey,  Rich- 
ardson, Stricklin,  Stiles,  Townsend,  Toy,  Vaughan,  Yeoman-37. 

Nays — Messrs.  Ballard,  Bonney,  Bridges,  Clarke,  Dowd, 
Drane,  Elliott  John,  Elliott  James,  Fawn,  Hauser,  Holland, 
Howe,  Johnson  A.,  Leas,  Moore,  Orr,  Railsback,  Smith,  Stew- 
art, Stites,  Stringer,  Weir,  Woodmansee — 23. 

The  report  of  the  committee  on  Printing,  came  up  for  con- 
sideration, and  on  motion  of  Mr.  Castello,  passed  to  its  second 
reading,  and  was  ordered  to  be  read  by  its  title,  and  passed  its 
second  reading. 

And  on  motion  of  Mr.  Orr,  the  Convention  'proceeded  to 
consider  it  by  sections,  upon  its  third  reading: 

Section  1  was  adopted. 

Section  2  was  adopted. 

In  section  3,  Mr.  Townsend  moved  to  strike  out  "  official 
Journal,"  in  the  first  and  second  lines,  and  insert  "  Constitution 
and  ordinance  of  public  interest  as  framed  by,"  and  strike  out 
"Journal,"  in  the  sixth  line,  and  insert  "Constitution;" 

Which  was  laid  on  the  table. 

Section  3  was  adopted,  as  printed. 

In  section  4,  Mr.  Castello  moved  to  strike  out  the  first  para- 
graph; 

Which  was  carried. 

Mr.  Castello  moved  to  substitute  "one  thousand"  for  "  five 
hundred,"  in  the  fifth  line  of  the  second  paragraph,  of  section  4; 
Which  was  lost. 

Mr.  Gibbs  moved  to  strike  out  the  second  paragraph  of  sec- 
tion 4;  pending  the  discussion  of  which  the  special  order 
of  the  day  came  up  for  consideration,  being  the  unfinished 
business  of  yesterda}^,  which  was  a  preamble  and  resolu- 
tions of  Mr.  Fitzhugh  in  reference  to  the  canceling  of  certain 
indebtedness,  and  other  matters, 


180 


Mr.  Parsons,  of  Adams,  moved  it  be  referred  to  the  commit- 
tee on  Judiciary; 
Which  was  carried. 

The  consideration  of  the  resolution  of  Mr.  Chappell,  in 
reference  to  the  desecration  of  the  Se^bbath,  was  postponed 
indefinitely. 

Mr.  Orr  moved  to  reconsider  the  sarr.e, 

Mr.  Gibbs  moved  to  lay  the  motion  to  reconsider  on  the 
table ; 

Which  was  carried. 

The  report  of  the  committee  on  the  Bill  of  Eights  was  laid 
over. 

The  report  of  the  committee  on  Legislative  Department 
being  called,  was  passed  to  its  second  reading,  and  made  the 
special  order  for  nest  Wednesday. 

Mr.  Stovall  was  granted  a  leave  of  absence  for  three  da}^s* 

Mr.  Gibbs  offered  the  following : 

Resolved,  That  after  Monday  nest,  no  leave  of  absence  be 
granted  for  over  two  days,  except  in  cases  of  sickness, 

Referred  to  special  committee  appointed  upon  resolutions. 

Mr.  Orr  moved  to  suspend  the  rules  to  take  up  the  report  of 
committee  on  Printing; 

Which  was  carried. 

And  the  second  paragraph  of  section  4,  was  stricken  out. 
Section  5  was  adopted  as  read. 
Mr.  Stringer  offered  the  following : 

Resolved,  That  all  committees,  standing  and  special,  who  do 
not  make  a  full  report  on  or  before  the  14th  day  of  February, 
1868,  shall  be  discharged,  and  new  ones  appointed. 

Referred  to  Special  Committee  on  Resolutions. 

Mr.  Alderson  offered  the  following: 

Resolved,  That  a  copy  of  the  report  of  the  committee  on 
Destitution  for  temporary  relief  to  destitute  persons  of  this 
State,  be  signed  by  the  President  of  this  Convention,  and  that 
the  Secretary  be  directed  immediately  to  transmit  the  same  to 
Major  General  Alvin  C.  Gillem,  with  a  request  that  he  may 
carry  out  said  plan,  or  something  similar,  so  that  speedy  relief 
may  be  had. 

Mr.  Alderson  moved  to  suspend  the  rules  so  as  take  action 
upon  the  resolution; 

And  the  rules  being  suspended,  the  resolution  was  adopted. 
Mr.  Townsend  offered  the  following: 

Resolved,  That  the  resolution  offered  by  Mr.  Field,  and 
adopted  by  this  body,  requiring  that  all  members  not  voting 
upon  any  question,  shall  be  counted  in  the  affirmative,  be,  and 
the  same  is  hereby  rescinded. 

The  rules  being  suspended,  the  resolution  was  adopted, 

Mr.  Stites  offered  the  following: 

Whereas,  A  great  number  of  aged  and  infirm  persons  of 
both  races  are  completely  destitute  of  the  means  of  support; 
therefore,  be  it 

Resolved,  That  the  General  Assembly,  at  its  first  session 


181 


after  the  adoption  of  this  Constitution,  shall,  by  law,  provide  a 
home  and  a  sufficient  amount  of  ground,  and  that  the}*  he  re- 
quired to  perform  such  labor  as  they  are  able  to  perform,  and 
thereby  making  it  self-sustaining;  such  home  to  be  established 
in  each  and  every  county  in  the  State. 

Referred  to  Special  Committee  on  Resolutions. 
■  Mr.  Alderson,  chairman  of  Executive  Committee,  announced 
no  further  use  for  a  Clerk. 

Mr.  Gibbs  moved  to  reconsider  resolution  creating  a  Special 
Committee  upon  Resolutions; 

Which  was  lost. 

Mr.  Gibbs  moved  that  members  not  voting  be  brought  by 
she  Sergeant- at- Arms  before  the  bar  of  the  Convention; 
Which  was  lost. 

Contention  adjourned  to  meet  Monday  morning  at  10  o'clock, 

T.  P,  Sears, 

Secretary. 


THIRTIETH  DAY. 

Jackson,  Miss,,  Monday,  February  10th,  1868. 

Convention  met  pursuant  to  adjournment, 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Beam,  Bonney, 
Bridges,  Caldwell,  Castello,  Chapman,  Chappell,  Compton, 
Cunningham,  Dowd,  Drane,  Elliott  John,  Elliott  James,  Fawn, 
Field,  Gibbs,  Goss,  Graj?-,  Hauser,  Herbert,  Holland,  Howe, 
Hutto,  Jamison,  Johnson  6.,  Jones,  Lawson,  Leas,  Leonard, 
Longmire,  Mayson,  Mask,  Montgomeiy,  Moore,  Morgan,  Mc- 
Cutchen,  Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  of  Adams, 
Parsons  of  Hinds,  Peyton  E.  A.,  Railsback,  Rainey,  Richard- 
son, Smith,  Stewart,  Stites,  Sto^all,  Stricklin,  Stiles,  Townsend, 
Toy,  Vaughan,  Weir,  Warren,  Woodmansee,  and  Yeoman — 62. 

The  following  delegates  were  absent: 

Messrs.  Ballard,  Barry,  Brinson,  Collins,  Combash,  Conley, 
Dalton,  Fitzhugh,  Gaither,  Handy,  Hemmingway,  Jacobs, 
Johnson  A.,  Lack,  Musgrove,  Merryman,  Miles,  Myers,  My- 
gatt,  McKee,  McKnight,  Neiison,  Nelms,  Peyton  E.  G.,  Phil- 
lips, Powell,  Quinn,  Stringer,  Walker,  Watson,  Williams — 31. 

Journal  of  Saturday  was  read  and  approved. 

Reports  of  standing  committees  being  called  for,  the  com- 
mittee on  General  Provisions  reported  progress. 

The  committee  on  Contingent  Expenses  made  the  following 
report : 

Mr.  President  :  Your  committee  on  Contingent  Expenses 


182 


would  respectfully  report  that  they  have  examined  the  follow- 
ing accounts  which  have  been  referred  to  them,  and  believing 
they  are  correct,  recommend  that  they  be  allowed. 

Respectfully, 

U.  Ozanne,  Chairman. 
J.  Railsback, 
W.  H.  Gibbs, 

S.  C.  CONLEY, 

J.  C.  Brinson, 

Committee. 

Bill  of  the  Jackson  Gas  Light  Company   $86  20 

Bill  of  the  Special  Committee  appointed  to  confer  with 

Gen.  Gillem   20  00 

Bill  of  Taswell  Jones  for  wood-chopping,  ten  days.  .  .    25  00 


Total  $131  20 

February  10, 1868. 

Report  received  and  bill  allowed. 

Jackson,  Miss.,  February  5,  1868. 

Mississippi  State  Convention, 

To  Jackson  Gas  Light  Co.,  Dr. 

To  Gas  consumed  to  date,  8,400  cubic  feet  @  80c  per 

100  feet  $67  20 

January  7th  and  8th — To  one  torch  and  box  of  wax 

tapers.  .   4  50 

Time  of  two  men  repairing  pipes,  clearing  burners  and 

repairing  fixtures   13  50 

One  screw  and  bracket     1  00 


Total   ........$86  20 

The  State  of  Mississippi,  to  Taswell  Jones,  Dr. 

For  services  rendered  as  wood-chopper  for  ten  days  @ 

$2  50  per  day   .  .   $25  00 

Jackson,  Mississippi,  February  4,  1868. 

State  of  Mississippi,  to  Benj.  H.  Orr,  Dr. 

To  amount  of  expenses  incurred  by  special  committee 
appointed  under  resolution  to  wait  upon  and  confer 
with  Brevet  Major  General  A.  C.  Gillem,  commanding 

Fourth  Military  District  $20  00' 

Leaves  of  absence  were  granted  to  the  following  gentlemen  for 
the  period  affixed  to  their  names: 

To  Mr.  Hemmingway  for  five  daj^s;  to  Mr.  Watson  for  one- 
day;  to  Mr.  Gaither  for  one  day.. 


183 


The  President  announced  the  following  committee  on  Gov- 
ernment Lands : 

Mr.  Parsons,  of  Hinds; 

Mr.  Chapman,  of  Covington  ; 

Mr.  Beam,  of  Franklin; 

Mr.  Hauser,  of  Kemper: 

Mr.  Lawson,  of  Lawrence^ 

Mr.  Gibbs  offered  the  following : 

Whereas,  In  many  portions  of  this  State,  employers  are 
taking  advantage  of  the  destitute  condition  of  the  laboring 
class  to  make  contracts  with  them  wherein  their  rights  and 
privileges  as  freemen  are  abridged,  and  provision  made  therein 
prohibiting  the  laborer  from  attending  meetings  or  gathering? 
of  a  political  character;  therefore,  be  it 

Besolved,  That  the  committee  on  General  Provisions  be,  and 
are  hereby  instructed  to  prepare  and  introduce  an  ordinance 
declaring  all  such  contracts  null  and  void,  and  providing  that 
&iiy  one  making  or  attempting  to  enforce  any  such  contracts, 
on  conviction  of  the  same,  shall  be  fined  in  a  sum  not  less  than 
one  hundred,  nor  more  than  five  hundred  dollars,  and  be  dis- 
qualified from  voting  or  holding  office  in  the  State  for  the  period, 
of  five  years. 

Referred  to  Special  Committee  on  Resolutions. 

Mr.  Alcorn  offered  the  following: 

Whereas,  The  Special  Committee  on  County  Boundaries  is. 
with  one  exception,  composed  of  the  same  gentlemen  that 
compose  the  standing  committee  on  the  same;  and 

Whereas,  It  is  the  opinion  of  the  standing  committee  that 
the  special  committee  is  entirely  unnecessary,  and  that  the 
duties  of  the  same  may  be  well  performed  by  the  standing 
committee;  therefore,  be  it 

Besolved,  That  the  Special  Committee  on  County  Bounda- 
ries be,  and  the  same  is  hereby  abolished,  and  that  the  duties  of 
said  committee  be  performed  by  the  Standing  Committee  on 
County  Boundaries. 

Which  was  adopted. 

Mr.  Railsback  offered  the  following: 

Besolved,  That  Rule  No.  52  be  so  altered  as  to  read: 

The  Convention  shall  hold  two  sessions  daily,  Sundays 
excepted;  a  morning  session,  which  shall  meet  at  9  a.'  m.  and 
adjourn  at  1  p.  m.  ;  and  an  evening  session,  which  shall  meet  at 
3  p.  m.  and  adjourn  at  5  p.  m.,  unless  otherwise  ordered. 

Mr.  Stricklin  moved  to  suspend  the  rules  to  act  upon  the 
same. 

Mr.  Hauser  moved  to  lay  the  resolution  on  the  table ; 
Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Castello,  Cunningham,  Field. 
Hauser,  Herbert,  Holland,  Lawson,  Leas,  Orr,  Rainey,  Stiles. 
Tojr,  Weir,  Wooclmansee,  and  Yeoman — 16. 

Nays — Messrs.  Alcorn,  Beam,  Bridges,  Chapman,  Chappell. 
Clarke,  Compton,  Dowd,  Drane,  Elliott  John,  Elliott  James, 
Gibbs,  Goss,  Gray,  Howe,  Hutto,  Johnson  S.,  Jones,  Kerr, 


184 

Longmire,  Mayson,  Mask,  Moore,  Morgan,  McCutchen,  Nesbitt, 
Newsom,  Ozanne,  Parsons  of  Hinds,  Railsback,  Richardson, 
Smith,  Stewart,  Stites,  Stovall,  Stricklin,  Stringer,  Townsend, 
and  Vaughan — 39. 

And  the  motion  to  lay  on  the  table  was  lost. 

And  the  resolution  to  suspend  the  rules  goes  to  the  Special 
Committee  on  Resolutions. 

Mr.  Moore  offered  the  following: 

Resolved,  That  it  is  advisable  that  the  police  force  of  every 
incorporated  town  and  every  city  should  be  divided  equally 
among  the  loyal  whites  and  colored  citizens  of  the  same. 

Referred  to  the  Special  Committee  on  Resolutions. 

Mr.  Field  offered  the  following: 

.Resolved,  That  the  Legislature  of  the  State  of  Mississippi, 
at  its  first  session  under  the  forthcoming  Constitution,  be  re- 
quired to  pass  a  law  authorizing  any  citizen  thereof  who  will 
make  oath,  or  affirmation,  before  any  Circuit  Court  Clerk,  and 
have  it  filed  and  recorded  by  him,  that  he  or  she  is  not  worth, 
twenty  dollars  in  property  in  his  or  her  own  right,  or  in  that 
of  any  other  person  for  him  or  her,  and  shall  have  said  oath  or 
affirmation  confirmed  by  the  oath  of  two  citizens  that  they  be- 
lieve to  have  sworn  or  affirmed  truthfully,  shall  have  a  certifi- 
cate of  discharge  from  his  or  her  liabilities  of  any  sort;  and 
such  certificate,  the  form  of  which  shall  be  prescribed  by  law, 
shall  be  his  protection  and  defense  against  all  suits  at  law  or 
in  equity  which  may  be  brought  against  him  or  her,  when  the 
Judges  of  the  various  courts  of  law  and  equity  shall  respect 
such  certificates  of  protection,  and  govern  themselves  ac- 
cordingly. 

Referred  to  the  committee  on  Resolutions. 
The  President  announced  the  following  as  a  committee  upon 
the  removal  of  the  State  House: 

FIRST  DISTRICT. 

Messrs.  Mask,  Vaughan,  Townsend. 

SECOND  DISTRICT. 

Messrs.  Elliott  John,  Kerr,  Quinn. 

THIRD  DISTRICT. 

Messrs.  Conly,  Bridges,  Chappell. 

FOURTH  DISTRICT. 

Messrs.  Combash,  Barry,  McKnight 

FIFTH  DISTRICT. 

Messrs.  Orr,  Bonney,  Chapman. 

Mr.  Montgomery  offered  the  following : 


Besolced.  That  no  portion  of  the  Bill  of  Rights  or  Constitu- 
tion be  finally  adopted,  until  recommended  by  the  Committee 
of  the  Whole. 

Referred  to  the  committee  on  Resolutions. 

Consideration  of  the  report  of  the  committee  on  Bill  of 
Rights  lies  over. 

Majority  report  of  the  committee  on  the  Judiciary  was 
called  up  and  read  a  second  time. 

Minority  report  from  the  same  committee,  was  read  the  first 
time. 

Mr.  Compton  moved  that  hereafter  the  rules  of  the  Senate 
in  regard  to  action  on  bills  and  their  several  readings  be  adopt- 
ed as  a  rule  of  action  of  this  Convention; 

Which  was  adopted. 

The  minority  report  of  the  committee  on  the  Judiciary,  was 
read  a  second  time  by  its  title,  viz :  Article  4  of  the  Constitu- 
tion. 

Mr.  Compton,  of  Marshall,  moved  that  the  Convention 
resolve  itself  into  a  Committee  of  the  Whole  on  the  report  of 
the  Judiciary. 

Mr.  Howe  moved  the  previous  question; 

Which  was  sustained. 

And  the  motion  of  Mr.  Compton  was  carried. 

And  after  certain  proceedings  had  therein,  the  committee 
rose  and  reported  progress,  and  asked  leave  to  sit  again  at 
12  o'clock  on  Wednesday; 

Which  was  granted. 

Convention  adjourned  to  meet  to-morrow,  at  10  o'clock. 

T.  P.  Sears, 

Secretary. 


THIRTY-FIRST  DAY. 

Jackson,  Miss.,  Tuesday,  February  11th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam, 
Bonney,  Bridges,  Brinson.  Caldwell,  Castello,  Chapman,  Chap- 
pell.  Clarke.  Compton.  Conley,  Cunningham.  Dowel,  Drane, 
Elliott  John.  Elliott  James,  Fawn,  Field,  Fitzhugh,  Gibbs, 
Goss.  Gray.  Handy.  Hauser,  Herbert.  Holland.  Howe.  Hutto, 
Jamison.  Johnson  S.,  Jones,  Kerr,  Lack*  Lawson,  Leas.  Leon- 
ard. Longmire.  May  son,  Mask.  Montgomery,  Merryman, 
Moore,  Myers,  McCutchen,  McKee,  McKnight,  Nelms,  Nesbitt, 
Xewsom.  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A., 


186 


Railsback,  Rainey,  Richardson,  Smith,  Stewart,  Stites,  Stovall, 
Stricklin,  Stringer,  Stiles,  Townsend,  Toy,  Vaughan,  Walker, 
Warren,  Woodmansee,  Yeoman — 77. 
The  following  delegates  were  absent: 

Messrs.  Barry,  Collins,  Combash,  Dalton,  Gaither,  Hemming- 
way,  Johnson  A.,  Mnsgrove,  Miles,  Mygatt,  Neilson,  Pej^ton 
E.  G.,  Phillips,  Powell,  Quinn,  Watson,  Williams— 17. 

Reports  of  standing  committees  being  called  for,  Mr.  Orr, 
from  the  committee  on  Legislative  Department,  submitted  the 
following  minority  report,  which  was  received,  and  one  hun- 
dred copies  ordered  to  be  printed. 

To  the  Honorable  President  and  Members  of  the  Constitutional 
Convention  of  the  State  of  Ifississippi: 

The  undersigned,  dissenting  from  a  part  of  the  report  of 
the  committee  on  Legislative  Department,  respectfully  submits 
the  following  as  a  minority  report  on  the  same. 

Benj.  H.  Ore. 

Section  1.  Representation  in  the  House  of  Representatives 
shall  be  equal  and  uniform,  and  shall  be  ascertained  and  regu- 
lated by  the  number  of  qualified  electors;  each  county  in  the 
State  being  entitled  to  at  least  one  Representative.  An  enu- 
meration of  the  qualified  electors  of  this  State  shall  be  made 
under  the  authority  of  the  State  in  the  }Tear  1869,  arid  every 
ten  years  thereafter,  for  the  purpose  of  ascertaining  the  total 
population,  as  well  as  the  number  of  qualified  electors  in  each 
county  and  election  district;  and  in  case  of  informality,  omis- 
sion, or  error  in  the  census  returns  from  any  district,  the  Leg- 
islature shall  order  a  new  census  taken  in  such  county  or 
election  district. 

Sec.  2.  At  its  first  session  under  this  Constitution,  the  Leg- 
islature shall  provide  by  law  that  the  names  and  residence  of 
all  qualified  electors  shall  be  registered  in  order  to  entitle  them 
to  vote,  but  the  registry  shall  be  free  of  cost  to  the  elector. 

Sec  3.  No  person  shall  be  entitled  to  vote  at  any  election 
held  in  this  State,  except  in  the  county  of  his  residence  and  at 
the  election  precinct  in  which  he  has  registered ;  Provided,  That 
this  shall  not  apply  to  the  first  election  held  under  this  Consti- 
tution. 

Sec.  4.  No  session  of  the  Legislature  shall  extend  beyond 
the  period  of  sixty  days,  to  date  from  its  commencement,  and 
any  legislative  action  had  after  the  expiration  of  said  period 
of  sixty  days,  shall  be  null  and  void;  but  this  last  provision 
shall  not  apply  to  the  first  session  of  the  Legislature  that  shall 
convene  after  the  adoption  of  this  Constitution. 

Sec  5.  No  Senator  or  Representative  during  the  term  for 
which  he  was  elected,  nor  for  one  year  thereafter,  shall  be  ap- 
pointed to  any  civil  office  of  profit  under  this  State,  which 
shall  have  been  created,  or  the  emoluments  of  which  have  been 
increased  during  the  time  such  Senator  or  Representative  was 
in  office,  except  to  such  offices  as  may  be  filled  by  an  election 
of  the  people. 


187 


Sec.  6.  In  the  year  in  which  a  regular  election  for  a  Senator 
of  the  United  States  is  to  take  place,  the  members  of  the  Gen- 
feral  Assembly  shall  meet  in  the  hall  of  the  House  of  Repre- 
sentatives on  the  second  Monday  following  the  meeting  of  the 
Legislature  and  proceed  to  said  election  by  joint  ballot  of  both 
houses. 

The  committee  on  General  Provisions  made  the  following 
report : 

To  the  Hon.  President   and   31 embers  of  the  Constitutional 
Convention  : 

The  committee  to  whom  was  referred  the  resolution  that  a 
section  be  inserted  in  the  Constitution  prohibiting  duelling, 
beg  leave  to  report  the  following : 

Section  — .  No  person  who  shall  hereafter  fight  a  duel,  or 
assist  in  the  same  as  a  second,  send,  or  accept,  or  knowingly 
carry  a  challenge  thereof,  or  agree  to  go  out  of  this  State  to 
fight  a  duel,  shall  hold  any  office  of  trust  or  profit  in  this  State, 
and  be  ever  after  disfranchised. 

E.  J.  Castello.  Chairman, 

J.  R.  Parsons, 

Peres  Boxxey. 

Geo.  Stovall. 

Chas.  W.  Clarke, 

D.  Stites, 

Committee. 

Report  received  and  one  hundred  copies  ordered  to  be 
printed. 

The  committee  on  Internal  Improvements  reported  progress, 

SELECT  COMMITTEES. 

The  committee  on  Digest  of  Resolutions  reported  and  re- 
ferred sundry  resolutions  to  proper  committees. 
Mr.  Clarke  moved  to  receive  the  report. 

Mr.  Gibbs  moved  to  amend  by  adding  "  that  the  committee 
be  discharged;*' 

Which  was  adopted. 

And  the  original  motion  as  amended  was  adopted. 

The  committee  to  whom  was  referred  the  duty  of  presenting 
names  and  forwarding  the  same  to  Congress  and  request  the 
removal  of  the  civil  disabilities  of  same,  made  the  following 
report : 

To  the  Hon.  President  and  Members  of  the  Convention: 

The  committee  to  prepare  a  list  of  names  of  those  who  de- 
sire their  political  disabilities  removed,  would  respectfully  re- 
port that  said  committee  is  ready  to  investigate  the  claims  of 
any  applicant  for  favorable  consideration. 

Respectfully, 

W.  H.  Warren, 

Chairman. 

U.  Ozaxxe,  Secretary. 

Mr.  Woodmansee  offered  the  following : 


188 


Resolved  by  the  people  of  the  State  of  3Iississsppi  in  Con- 
vention assembled,  That  no  money  or  mone}'S  shall  be  appro- 
priated by  the  General  Assemply  of  this  State  only  upon  the 
call  of  the  yeas  and  nays  of  both  Houses  on  three  several  days. 

Referred  to  the  committee  on  Legislative  Department. 

Mr.  Elliott,  of  Monroe,  offered  the  following : 

Whereas,  A  large  per  centage  of  the  citizens  of  Mississippi , 
are  disfranchised  by  an  Act  of  Congress,  supplementary  to  an 
Act  passed  July  19th,  1867,  disfranchising  a  certain  class  of 
citizens  therein  named,  making  no  discrimination  between  the 
loyal  and  disloyal;  and 

Whereas,  A  large  class  of  citizens  who  held  office  before  or 
during  the  war  are  loyal  citizens,  and  many  others  who  partici- 
pated and  aided  in  the  rebellion,  profess  now  to  be  lawful 
citizens,  and  believing  now  as  we  do,  in  that  maxim  of  law, 
that  it  is  better  for  ninety  and  nine  guilty  persons  to  go  clear, 
than  for  one  that  is  innocent  to  suffer;  therefore,  be  it 

Resolved,  That  the  President  of  this  Convention  appoint  a 
special  committee  of  five,  one  from  each  Congressional  district, 
whose  duty  it  shall  be  to  memorialize  Congress,  to  remove  the 
disabililies  of  all  citizens  from  the  rank  of  Brigadier  General 
down,  so  that  the}^  may  vote  and  hold  office. 

Mr.  Weir  moved  to  lay  on  the  table; 

Which  was  carried. 

Mr.  Stricklin  moved  to  reconsider  the  vote  to  lay  on  the  table; 
Which  was  carried. 

The  Clerk  of  the  committee  on  Militia,  was  discharged  by 
request  of  the  committee. 

Special  order  coming  up  for  consideration,  being  report  of 
Executive  Committee  ; 

Upon  the  consideration  of  the  same,  the  Convention  resolved 
itself  into  a  committee  of  the  Whole,  Mr.  Weir,  ot  Oktibbeha, 
In  the  chair;  and  after  certain  action  had  therein,  the  committee 
rose,  reported  progress,  and  asked  leave  to  sit  again. 

A  communication  was  received  from  Head  Quarters  Fourth 
Military  District,  in  reference  to  the  payment  of  the  Deputy 
Sheriffs  of  the  county  of  Yalobusha,  who  served  in  the  late 
Convention  election. 

Referred  to  the  Committee  on  Finance. 

Convention  adjomned  until  to-morrow  morning,  at  10  o'clock. 

T.  P.  Sears, 

Secretary. 


THIRTY-SECOND  DAY. 

Jackson,  Miss.,  Wednesday,  February  12th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 


Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President.  Messrs.  Alderson.  Alcorn.  Barry,  Beam.  Bon- 
ne v.  Brinson,  Caldwell.  Castello,  Chapman.  Chappell,  Clarke, 
Compton,  Con  ley.  Dowd.  Drane.  Elliott  John.  Elliott  James. 
Fawn.  Field.  Fitzhugh.  Gaither.  G-ibbs,  Goss.  Gray.  Handy, 
Hauser,  Herbert,  Holland.  Howe.  Hutto,  Jacobs.  Jamison, 
Johnson  S..  Johnson  A..  Jones.  Kerr,  Lack,  Lawson.  Leas. 
Leonard.  Longmire.  Mayson,  Mask,  Montgomery,  Merrjman3 
Moore,  Morgan.  Myers.  Mygatt,  McCutchen,  MeKee.  Nelms, 
Neilson.  Newsom.  Orr.  Ozanne,  Parsons  F..  Parsons  J.  R., 
Peyton  E.  A..  Phillips.  Quinn.  Eailsback.  Rainey.  Richardson. 
Smith.  Stewart.  Stites,  Stovall.  Stricklin.  Stringer.  Stiles, 
Townsend.  Toy.  Vaughan.  Walker.  Warren.  Weir,  Woodman- 
see,  and  Yeoman — 80. 

The  following  delegates  were  absent: 

Messrs.  Ballard,  Bridges.  Collins.  Combash.  Cunningham. 
Dalion,  Hemmingwav.  Musgrove,  Miles.  McKnight,  Peyton  E, 
G..  Powell.  Watson,  and  Williams — 14. 
Journal  of  yesterday  read  and  approved. 
Leave  of  absence  was  granted  to  Mi\  Gibbs  for  three  clay- 
Standing  committees  reported  as  follows: 
The  committee  on  General  Provisions  reported  progress, 
Mr.  Neilson's  absence  without  leave  being  on  account  of  ill- 
ness, he  was  excused. 

The  committee  on  Printing  reported  progress. 
The  committee  on  Internal  Improvements  reported  progress. 
Unfinished  business  coming  up  for  consideration,  the  resolu- 
tion of  Mr.  Elliott,  introduced  on  yesterday  in  relation  to  dis- 
franchised persons,  was  then  considered. 

Mr.  Herbert  moved  to  lay  the  resolution  on  the  table; 
Which  was  lost. 

Mr.  Hauser  moved  to  suspend  the  rules  to  permit  Mr.  Her- 
bert to  speak. 

The  President  decided  the  motion  to  suspend  in  order. 
Mr.  Townsend  appealed  from  the  decision  of  the  Chair: 
And  the  Chair  was  sustained,  and  the  motion  to  suspend  the 
rules  was  lost. 

Mr.  Compton  moved  to  suspend  the  rules  to  permit  Mr, 
Elliott  to  proceed  with  his  remarks: 
Which  was  carried. 

Mr.  Orr  moved  to  lav  the  resolution  of  Mr,  Elliott  on  the 
table; 

Which  was  carried,  by  the  following  vote  : 

Yeas— Messrs.  Beam.  Bonnev.  Bridges.  Brinson.  Caldwell. 
Castello.  Chapman.  Chappell.  Clarke.  Compton.  Cunningham, 
Dowd.  Fawn.  Field,  Fitzhugh.  Handy.  Hauser.  Herbert  Hol- 
land. Hutto.  Jacobs.  Johnson  S..  Jones.  Kerr.  Lack,  Lawson. 
Leas.  Mayson.  Moore.  Morgan.  Myers,  Mygatt,  Orr.  Parsons 
J.  R..  Peyton  E.  A..  Quinn,  Eailsback,  Rainey,  Richardson. 
Wraith,  Stewart.  Stites.  Stricklin.  Stringer,  Toy,  Warren.  Weir, 
a n  d  Woo  dm  a n  s  e e— 49 , 


190 


Nays — Messrs.  Alder  son,  Alcorn,  Ballard,  Barry,  Conley, 
Elliott  John,  Elliott  James,  Gaither,  Gray,  Howe,  Jamison, 
Johnson  S.,  Longmire,  Mask,  Montgomery,  McCutchen,  Nelms, 
Nesbitt,  Newsom,  Ozanne,  Phillips,  Stiles,  Townsend.  Walker, 
and  Yeoman — 25. 

Mr.  Orr  moved  to  reconsider  the  vote  laying  the  resolution 
on  the  table. 

Mr.  Castello  moved  to  lay  the  motion  to  reconsider  on  the 
table ; 

Which  was  carried. 

The  Chairman  of  the  committee  on  Finance,  submitted  the 
following  report: 

To  the  President  and  Members  of  the  Constitutional  Conven- 
tion of  the  State  of  Mississippi: 

Gentlemen — I  have  the  honor  to  report  that  great  opposi- 
tion is  being  made  to  the  collection  of  the  tax  levied  by  this 
Convention,  by  ordinance  adopted  January  24,  1858.  It  seems 
to  be  the  determination  of  the  people  not  to  pay  said  tax  tin- 
less  it  be  enforced  by  militar}7  orders. 

I  have  the  honor  to  submit  the  accompanying  letters  and 
telegrams  for  the  information  of  the  Convention. 

And  would  respectfully  ask  that  a  resolution  be  passsed  by 
this  Convention  requesting  Gen.  Gillem  to  issue  an  order  en- 
forcing the  collection  of  said  tax. 

I  have  the  honor  to  be  most  respectfully, 

Your  Obedient  Servant, 

Fred  Parsons, 
Treasurer  of  Convention. 
The  resignation  of  J.  V.  Sheppard,  as  Collector  for  Tippah 
county,  was  received  and  not  accepted. 
Mr.  Alderson  offered  the  following : 

Whereas,  The  courts  of  the  State  of  Mississippi,  have  en- 
joined the  collection  of  the  Special  Tax  levied  by  this  Conven- 
tion, and  the  people  have  in  public  meetings  declared  their  op- 
position to  the  same,  and  determination  not  to  pay  unless  they 
are  compelled  to  do  so  by  military  orders;  therefore,  be  it 

Resolved,  That  General  Gillem  be  requested  by  this  Con- 
vention to  issue  an  order  forbidding  the  interference  of  any 
court  of  this  State  with  the  collection  of  said  tax,  directing  the 
people  to  pay  the  same,  and  that  the  Secretary  be  directed  to 
furnish  Major  General  Gillem  with  a  copy  of  this  resolution 
and  that  he  be  requested  to  answer  immediately. 

Mr.  Clarke  moved  to  suspend  the  rules,  to  take  action  on  the 
above  resolution ; 
Which  was  carried. 

Mr.- Castello  moved  the  previous  question;  which  was  sus- 
tained, and  the  resolution  was  adopted. 

Mr.  Cunningham  moved  to  reconsider  the  vote  adopting  the 
resolution ; 

Which  was  carried. 


191 


Mr.  Field  moved  to  strike  out  "request,"  and  insert  "in- 
struct." 

Mr.  Alderson  moved  to  lay  the  motion  on  the  table: 

Which  was  carried. 

And  the  resolution  was  adopted. 

Mr.  Parsons,  of  Adams,  moved  to  suspend  the  rules  to  per- 
mit Mr.  Alderson  to  present  a  resolution ; 
Which  was  carried. 
Mr.  Alderson  offered  the  following: 

Besolved,  That  Gen.  McKee  be  appointed  by  the  President 
to  visit  Gen.  Gillem,  at  Vicksburg,  and  present  to  him  the  reso- 
lution just  passed  by  this  Convention,  requesting  him  to 
enforce  the  collection  of  the  Special  Tax,  and  report  back  to 
this  Convention  as  soon  as  practicable. 

Mr.  Orr  offered  to  amend,  by  striking  out  "  as  soon  as  prac- 
ticable," and  insert  "12  o'clock  to-morrow." 

Mr.  Field  moved  that  the  President  and  Mr.  Alderson.  of 
Jefferson,  be  added  to  the  committee. 

Mr.  Parsons  moved  to  lay  all  amendments  on  the  table: 

Which  was  carried. 

And  the  resolution  was  adopted. 

Amotion  was  made  to  adjourn,  which  was  lost. 

The  President  submitted  a  communication  from  the  Georgia 
Constitutional  Convention,  which  was  read  for  the  information 
of  the  Convention. 

A  motion  to  adjourn  was  made,  and  lost, 

The  Convention  proceeded  to  the  consideration  of  the 
report  of  the  committee  on  Bill  of  Rights; 

Which  was  passed  to  a  second  reading. 

The  report  of  the  committee  on  Education  was  then  consid- 
ered, and  passed  to  a  second  reading. 

Convention  adjourned,  to  meet  at  10  o'clock  to-morrow. 

T.  P.  Sears, 

Secretary. 


THIRTY-THIRD  DAY. 

Jackson,  Miss.,  Thursday,  Febrary  13th,  186S. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered, 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castelio,  Chapman, 
Chapped,  Clarke,  Compton,  Conley,  Dowd,  Drane,  Elliott 
John,  Elliott  James,  Fawn,  Field,  Fitzkugh,  Gaither,  Goss, 
Gray,  Hand}T,  Hauser,  Herbert,  Holland,  Howe,  Hutto,  Jacobs, 
Jamison,  Johnson  S.,  Johnson  A.,  Jones,  Kerr,  Lack,  Lawson, 


192 


Leas,  Leonard,  Longmire,  Mayson,  Mask,  Musgrove,  Montgom- 
ery, Moore,  Morgan,  Myers,  Mygatt,  McCutchen,  McKnight, 
Neilson,  Nelms,  Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Par- 
sons J.  R.,  Peyton  E.  A.,  Phillips,  Railsback,  Rainey,  Richard- 
son, Smith,  Stewart,  Stites,  Stovall,  Stricklin,  Stringer,  Stiles, 
Townsend,  Toy,  Vaughan,  Walker,  Warren,  Weir,  Woodman  - 
see,  and  Yeoman — -81. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Combash,  Cunningham,  Dalton,  Hemming- 
way,  Miles,  Merryman,  McKee,  Peyton  E.  G.,  Powell,  Quinn, 
Watson,  'and  Williams — 13. 

Journal  of  yesterday  read  and  approved, 
Leaves  of  absence  were  granted  to  Mr.  Fitzhugh,  for  one  da}T; 
to  Mr.  Handy,  for  five  day ;  and  to  Mr.  Cunningham  for  one 
day.  ■ 

STANDING  COMMITTEES. 

The  committee  on  General  Provisions,  through  their  chair- 
man, submitted  the  following  majority  report: 

Mr.  President  :  The  committee  to  whom  was  referred  a  res- 
olution requiring  the  Legislature  at  its  first  session,  to  elect  or 
appoint  a  Printer  for  each  Congressional  District,  beg  leave  to 
make  the  following  report: 

Be  it  ordained  by  the  people  of  the  State  of  Mississippi, 
in  Convention  assembled,  That  the  General  Assembly,  at  its 
first  session  under  the  Constitution  to  be  framed  b}r  this  Con- 
vention, and  submitted  to  the  electors  for  ratification,  shall 
designate,  by  law,  a  loy al  paper  or  papers  in  each  Congressional 
District,  which  shall  publish  all  legal  advertising  and  such 
official  printing  as  shall  be  required  by  law  in  such  Congres- 
sional District;  the  compensation  to  be  fixed  by-law. 

E.  J.  Castello,  Chairman. 

C.  W.  Clarke, 

P.  BONNEY, 

D.  Stites,  Committee. 

The  following  report  was  submitted  from  the  minority,  on 
the  same  subject: 

To  the  Hon*  President  and  Members  of  the  Mississippi  Consti- 
tutional Convention  : 

The  undersigned,  a  member  of  the  committee  on  General 
Provisions,  and  to  whom  was  referred  the  resolution  providing 
for  the  publishing  of  a  "  loyal  "  newspaper  in  each  Congres- 
sional District,  would  most  respectfully  submit  the  following 
objections  to  said  resolution,  as  a  minority  report: 

The  resolution,  in  effect,  destroys  the  "intention  of  the  law, 
which  requires  administrators,  executors,  Sheriffs,  and  other 
officers,  to  make  publication  of  their  proceedings  in  some  pub- 
lie  journal,  for  the  benefit  of  creditors  and  all  others  interested, 
from  the  fact  that  said  journals  are  bound,  in  the  very  nature 


193 


of  things,  to  be  more  or  less  remote  from  a  large  number  of 
their  forced  patrons;  that  county  creditors,  in  many  instances, 
would  never  see  or  hear  of  such  publications,  and  would  there- 
by be  deprived  of  their  just  rights:  Furthermore,  the 
establishment  of  such  journals  would  create  and  protect  a 
monopoly  in  the  newspaper  business,  alike  detrimental  to  indi- 
vidual and  associated  enterprise  throughout  the  State — 
requiring  citizens  to  patronize  and  build  up  a  public  journal, 
which  may  advocate  principles  destructive  of  the  best  interests 
of  those  who  sustain  it.  Moreover,  it  is  an  admitted  fact 
amongst  newspaper  men  in  this  State,  that  they  could  not  con- 
tinue the  publication  of  their  respective  papers  but  for  the 
legal  patronage.  Deprive  them  of  this,  and  concentrate  the 
whole  upon  one  single  paper,  will  result  in  enriching  and 
building  up  the  one  at  the  expense  of  a  principle  if  applied  to 
all  the  pursuits  of  mankind,  would  result  in  the  subversion 
of  civilization.  The  intelligence  and  enterprise  of  communi- 
ties, as  well  as  of  States,  depends  largely  upon  the  number  and 
ability  of  newspapers  published  and  read  by  the  citizens  there- 
of, and  in  the  opinion  of  your  committee,  there  should  be  but 
one  guarantee  to  success  in  this,  as  all  other  enterprises,  and 
that  should  be,  industry,  energy,  and  ability.  If  the  editorsof 
••loyal"  or  disloyal  papers  fail  to  possess  the  qualifications 
necessary  to  success,  is  it  right  or  just  that  the  political  party 
that  happens  to  be  in  power,  should  have  authority,  by  law.  to 
squander  the  hard-earned  money  of  the  whole  people,  upon  a 
worthless  political  partizan.  thereby  enabling  him  to  publish  a 
more  worthless  newspaper. 

Finally,  the  objections  to  the  adoption  of  said  resolution  or 
ordinance,  are  so  numerous  and  grave  that  your  committee 
deems  it  unnecessary  to  further  occupy  your  valuable  time  in 
jailing  attention  to  them. 

Geo.  Stovall. 

Mr.  Weir  offered  the  following: 

Resolved.  That  no  per  diem  or  other  compensation  be  allow- 
ed to  any  delegate  of  this  Convention  for  the  time  he  has 
heretofore  had  leave  of  absence,  or  may  hereafter  obtain  leave 
to  be  absent  from  his  duties  in  this  Convention,  and  in  all  cases 
when  the  said  delegates  have  drawn  warrants  for  the  time 
they  have  been  absent,  the  amounts  thus  received  shall  be  de- 
ducted from  the  per  diem  to  which  tkey  may  be  entitled  for 
services  they  may  hereafter  render  in  this  Convention. 

Mr.  Castello  moved  to  refer  to  committee  on  Contingent 
Expenses. 

Mr.  Clarke  moved  to  lay  the  motion  to  refer  on  the  table. 
Mr.  Qrr  offered  the  following: 

Resolved,  That  hereafter  no  leave  of  absence  shall  be  granted 
to  any  member  for  a  longer  time  than  three  days,  except  in 
cases  of  sickness. 

Mr.  Clarke  moved  to  lay  the  resolution  on  the  table: 

Which  was  lost. 

Mr.  Phillips  offered  the  following: 
C— 13 


194 


Besolved,  That  members  of  this  Convention  receive  no  com- 
pensation for  the  time  occupied  in  legislation,  and  that  they 
receive  pay  alone  for  the  time  actually  engaged  in  framing  the 
Constitution. 

Which  was  laid  on  the  table. 

Mr.  Alderson  moved  to  lay  the  resolution  and  amendments 
on  the  table;  which  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Ballard,  Beam,  Brinson,  Chapman, 
Compton,  Elliott  John,  Elliott  James,  Goss,  Herbert,  Howe, 
Jacobs,  Johnson  S.,  Jones,  Kerr,  Musgrove,  Montgomeiy,  M}T- 
gatt,  McCutchen,  McKnight,  Nelms,  Newsom,  Ozanne,  Phillips, 
Stovall,  Stiles,  Toy,  and  Woodmansee — 28. 

Nays — Messrs.  Alcorn,  Barry,  Bonne}',  Bridges,  Caldwell, 
Castello,  Chappell,  Clarke,  Dowd,  Drane,  Fawn,  Field,  Fitz- 
hugh,  Gaither,  Gray,  Holland,  Hutto,  Jamison,  Lack,  Lawson, 
Leas,  Leonard,  Longmire,  May  son,  Mask,  Moore,  Morgan, 
Myers,  Orr,  Parsons  J.  R.,  Peyton  E.  A.,  Railsback,  Richard- 
son, Smith,  Stewart,  Stites,  Stringer,  Townsend,  Yaughan,  War- 
ren, Weir,  and  Yeoman — 42. 

Mr.  Musgrove  moved  to  strike  out  all  after  the  word  "  re- 
solved," and  insert  "that  after  -the  15th  inst.  no  leave  of 
absence  shall  be  granted  to  any  delegate  to  this  bod}^  for  a 
longer  period  than  three  days,  without  forfeiture  of  per  diem 
for  such  cases. 

Mr.  Morgan  moved  to  lay  the  resolution  on  the  table; 

Which  was  carried. 

Mr.  Alderson  offered  the  following  amendment : 
Besolved,  That  no  member  hereafter  absent  from  this  Con- 
vention, except  on  account  of  sickness,  shall  receive  any  com- 
pensation daring  said  absence. 

Mr.  Castello  offered  the  following: 

And  that  this  Convention  elect  a  competent  physician  to 
inquire  into  the  health  of  all  absent  members. 

Mr.  Stiles  moved  to  defer  the  consideration  of  the  original 
and  amendments,  until  the  1st  day  of  May; 

Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Ballard,  Beam,  Bonney,  Brinson, 
Castello,  Compton,  Elliott  John,  Elliott  James,  Fitzhugh,  Gray, 
Herbert,  Howe,  Jacobs,  Johnson  S.,  Johnson  A.,  Kerr,  Leas, 
Musgrove,  Montgomery,  Moore,  Myers,  Mygatt,  McCutchen, 
McKnight,  Nelms,  Ozanne,  Phillips,  Stringer,  Stiles,  Toy, Wood- 
mansee, and  Yeoman — 34. 

Nays — Messrs.  Alcorn,  Barry,  Bridges,  Caldwell,  Chappell, 
Clarke,  Dowd,  Drane,  Fawn,  Field,  Gaither,  Goss,  Handy,  Hol- 
land, Hutto,  Jamison,  Lack,  Leonard,  Longmire,  Mayson, 
Mask,  Morgan,  Neilson,  Newsom,  Orr,  Parsons  J.  R.,  Peyton 
E.  A.,  Railsback,  Richardson,  Smith,  Stewart,  Stites,  Stovall, 
Stricklin,  Townsend,  Vaughan,  Walker,  Warren,  Weir — 39. 

Mr.  Stiles  moved  to  postpone  indefinitely. 

Mr.  Clarke  moved  to  lay  on  the  table;  which  was  carried* 

Mr.  Warren  moved  the  previous  question » 

Which  was  sustained. 


195 


The  amendment  of  Mr.  Castello  was  lost. 

And  the  amendment  of  Mr.  Alderson  was  carried. 

The  yeas  and  nays  being  called  on  the  resolution  as  amended, 
resulted  as  follows : 

Yeas — Messrs.  Alcorn,  Bridges,  Chapped,  Dowd,  Field, 
Goss.  Handy.  Holland.  Hutto,  Longmire,  Mayson,  Morgan, 
Myers,  Xeilson.  Orr,  Parsons  J.  E..  Peyton  E.  A..  Richardson, 
Smith.  Stewart.  Stricklin,  Townsend.  Vaughan,  Warren,  and 
Weir— 25. 

Nats — Messrs.  Alderson,  Ballard.  Barry,  Beam,  Brinson, 
Caldwell,  Castello,  Clarke,  Compton,  Drane,  Elliott  John, 
Elliott  James,  Pawn.  Fitzhugh.  Gaither.  Gray,  Hauser,  Herbert, 
Howe.  Jacobs,  Jamison.  Johnson  S  ,  Johnson  A.,  Jones.  Kerr, 
Lack,  Lawson,  Leas.  Leonard,  Mask,  Musgrove.  Montgomery, 
Moore,  Mygatt,  McCntchen,  McKniglit,  Nelms,  Xewsom, 
Ozanne,  Phiilips,  Eailsback,  Stites,  Stovall,  Stringer,  Stiles, 
Toy.  Walker.  Woodmansee,  and  Yeoman — 49. 

Pending  the  announcement  of  the  vote,  the  special  order  of 
the  day  was  called,  which  was  the  consideration  of  the  report 
from  the  majority  of  the  committee  on  the  Legislative  Depart- 
ment. 

The  Convention  resolved  itself  into  a  Committee  of  the 
Whole,  Mr.  Musgrove  in  the  chair,  and  after  certain  proceed- 
ings had  therein,  the  committee  rose,  reported  progress,  and 
asked  leave  to  sit  again ; 

Which  was  granted. 

The  report  of  the  minority  of  the  Legislative  Committee 
lies  over. 

Mr.  Castello  offered  the  following : 

Hesolved,  That  the  following  letter  be  signed  by  the  Presi- 
dent and  Secretary  of  this  Convention,  and  be  telegraphed  to 
the  Genenral  of  the  Army  of  the  United  States,  as  the  sense 
of  this  Convention  on  the  matter  contained  therein. 

Mississippi  Constitutional  Convention.; 
Hall  of  Representatives. 
Jackson,  Miss.,  February  13th,  1S6S.  \ 

Gen.  U.  S.  Grant,  Commanding  E7.  S.  Army: 

Sir — The  commanding  officer  of  this  (1th)  Military  District, 
having  been  applied  to  to  enforce  an  ordinance  passed  by  this 
Convention,  in  conformit}'  with  section  8  of  an  Act  of  Congress, 
passed  March  2d,  1867,  has  postponed  his  decision  in  the  mat- 
ter: and  as  it  is  impossible  to  enforce  the  provisions  of  sai  I 
ordinance  without  the  assistance  and  concurrence  of  the  com- 
manding officer  of  this  district,  the  Constitutional  Convention 
of  the  State  of  Mississippi  in  convention  assembled,  respect- 
fully ask  that  you  issue  an  order  commanding  him  to  prohibit 
the  interference  of  State  courts  in  the  collection  of  taxes  levied 
by  said  ordinance,  by  virtue  of  said  section  8  of  the  Act  of 


196 


March  2d,  1867,  and  to  aid  to  the  extent  of  his  power  to  carry 
into  execution  its  provisions. 

Mr.  Clarke,  of  Yazoo,  moved  to  adopt. 

Pending  the  consideration,  the  Convention  adjourned  to 
meet  at  10  a.  m.,  to-morrow. 

T.  P.  Sears, 
Secretary. 


THIRTY- FOURTH  DAY. 

Jackson,  Miss,,  Friday,  February  14th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam, 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chap- 
pell,  Clarke,  Compton,  Conley,  Cunningham,  Dowd,  Drane, 
Elliott  John,  Elliott  James,  Fawn,  Field,  Fitzhugh,  Gaither, 
Goss,  Gray,  Handy,  Hauser,  Hemmingway,  Herbert,  Holland, 
Howe,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A.,  Jones,  Kerr, 
Lack,  Lawsoii,  Leas,  Leonard,  Longmire,  May  son,  Mask,  Mus- 
grove,  Montgomery,  Miles,  Mygatt,  Merryman,  Moore,  Morgan  , 
Myers,  McCutchen,  McKnight,  Neilson,  Nelms,  Nesbitt,  New- 
som,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.- 
Phillips, Quinn,  Railsback,  Richardson,  Smith,  Stewart,  Stites, 
Stovall,  Stricklin,  Stringer,  Stiles,  Townsend,  Toy,  Vaughan- 
Walker,  Warren,  Weir,  Wooclmansee,  and  Yeoman — 82. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Collins,  Combash,  Dal  ton,  Gibbs,  Jamison, 
McKee,  Peyton  E.  G.,  Powell,  Rainey,  Watson,  Williams — 12- 

Journal  of  yesterday  read  and  approved. 

Leave  of  absence  was  granted  to  Mr.  Myers  for  three  days. 

Sundry  petitions  for  the  creation  of  new  counties  were  pre- 
sented and  referred  to  the  committee  on  County  Boundaries. 

The  committee  on  General  Provisions  submitted  the  follow- 
ing report : 

Mr.  President  :  The  committee  to  whom  was  referred  a  reso- 
lution asking  the  committee  to  report  an  ordinance  in  regard 
to  contracts,  beg  leave  to  report  the  following  ordinance: 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of 
Mississippi,  in  Convention  assembled,  That  no  contract  shall  be 
valid  which,  in  any  manner,  abridges  or  affects  the  right  of 
franchise  of  either  party,  and  any  person  or  persons  demand- 
ing such  conditions  shall  be  disfranchised  for  the  term  of  five 
years,  from  and  after  the  ratification  of  the  Constitution  of 
this  State,  and  shall  pay  a  fine  of  five  hundred  dollars,  to  hv 
collected  by  any  court  having  jurisdiction. 


197 


Sec.  2.  Whoever  shall  dismiss  from  emphjyinent  any  pers<  n 
or  persons  for  having  exercised  the  right  of  franchise,  or  for 
offering  to  exercise  such  right,  shall,  on  conviction,  be  fined  not 
less  than  two  hundred  and  fifty  dollars,  and  be  disfranchised 
for  the  term  of  five  years  from  and  after  the  ratification  of  the 
Constitution  of  this  State. 

E.  J.  Castello, 

Chairman. 
Peres  Bonnet, 
D.  Stites, 
Geo.  Stovall, 
J.  ~R.  Parsons, 

Committee. 

Report  received,  and  one  hundred  copies  ordered  printed. 

Unfinished  business  coming  up.  being  the  consideration  of 
the  resolution  of  Mr.  Weir,  as  amended,  introduced  yesterday, 
Mr.  Weir  raised  the  point  of  order  "  that  no  person  should 
vote  who  may  be  interested  in  the  result.'' 

The  President  decided  the  point  not  well  taken, 

Mr.  Alderson  moved  to  lay  the  resolution,  as  amended,  on 
the  table; 

Which  was  carried, 

Mr.  Orr  moved  to  reconsider  the  vote  to  lay  on  the  table. 
Mr.  Fitzhugh  moved  to  la}*  the  motion  to  reconsider  on  the 
table; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Ballard,  Bonney,  Castello,  C  hap- 
man. Compton,  Dowd,  Elliott  John,  Fawn,  Fitzhugh,  Gaither, 
Gray,  Hauser,  Hemmingway,  Herbert,  Howe,  Hutto,  Jacobs, 
Johnson  S.,  Johnson  A.,  Jones,  Kerr,  Lack,  Lawson,  Leas, 
Musgrove,  Montgomery,  Moore,  Mygatt,  McKnight,  Nelms, 
Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  K,,  Phillips, 
Eailsback,  Stites,  Stovall,  Stringer,  Stiles,  Toy,  Walker,  Warren, 
Woodmansee,  Yeoman — 47. 

Nays — Messrs.  Alcorn,  Barry,  Beam,  Bridges,  Brinson, 
Caldwell,  Conley,  Chappell,  Cunningham,  Drane,  Elliott  James, 
Field,  Goss,  Holland,  Leonard,  Longmire,  Mayson,  Mask,  Mor- 
gan, McCutchen.  Neilson,  Peyton  E.  A.,  Quinn,  Richardson. 
Smith,  Stewart,  Stricklin,  Townsend,  Yaughan,  Weir — 30. 

Mr.  Field  offered  the  following: 

Whereas,  Much  of  the  present  pecuniary  embarrassment  of 
the  people  and  consequent  depression  of  their  energies,  result 
from  their  indebtedness  for  the  purchase  of  slaves;  and 

Whereas,  B}T  the  late  war,  all  property  in  them  has  been  lost 
by  the  mutual  wrong  doings  of  buyer  and  seller,  and  by  the 
acts  and  doings  of  the  people  of  Mississippi  and  of  the  United 
States,  through  their  public  authorities,  whereby  contracts 
for  such  property  have  been  not  only  impaired,  but  totally 
destroyed,  and  as  public  policy  and  justice  to  all  concerned, 
demands  relief  from  all  obligations  so  incurred;  therefore, 

Be  it  ordained  by  this  Convention,  the  people  and  Congress 
concurring,  That  all  pecuniary  liabilities  of  every  sort,  on 


198 


account  of  the  purchase  of  such  property,  are  hereby  declared 
void,  and  no  process  shall  hereafter  issue  from  any  court  of 
law  or  equity  in  this  State  to  enforce  them;  and 

Whereas,  From  like  causes,  there  has  been  deterioration  in 
the  value  of  property  of  all  sort,  from  five  to  ten  fold;  there- 
fore, 

Be  it  ordained,  That  justice  and  equity  demands  the  reduc- 
tion from  the  indebtedness  of  any  individual  to  his  creditors 
the  amount  of  three-fourths  of  their  claims,  the  people  and 
Congress  concurring,  that  all  debts,  of  every  sort,  incurred 
prior  to  the  1st  of  April,  1865,  ma}^  be  discharged  in  full  by  the 
payment  of  one-fourth  the  original  debt  in  lawful  currency. 

Mr.  Castello  moved  to  refer  to  the  committee  on  Ordinance 
and  Schedule; 

Which  was  carried. 

Mr.  Phillips  presented  the  following  names  of  persons  as 
suitable  for  relief  from  their  present  disabilities:  James  S. 
Houck,  James  F.  Sample,  James  C.  Arlson,  Thomas  B.  Turner, 
and  Jacob  C.  Louhaupt. 

Referred  to  the  committee  appointed  for  the  recommending 
of  names  to  Congress. 

Mr.  Richardson  offered  the  following : 

Whereas,  It  is  altogether  manifest  that  speed  and  dispatch 
in  the  progress  of  the  business  before  this  Convention  should 
be  encouraged;  and  that  only  is  consistent  with  the  welfare  of 
the  country  and  the  judicious  and  speedy  discharge  of  our 
duties  in  this  Convention  ;  therefore  be  it 

Besolved,  That  from  this  time  forward,  this  Convention  have 
two  sessions  of  three  hours  each  per  day,  the  morning  ses- 
sion to  commence  at  half-past  9  o'clock  and  adjourn  at  half- 
past  12  o'clock  p.  m;  the  evening  session  from  2  o'clock  p.  m., 
until  5  p,  m. 

Mr.  Ozanne  moved  to  insert  "10,"  instead  of  "  9-J-  o'clock," 
Mr.  Castello  moved  to  amend  by  inserting  "  8,"  instead  of 
"9"  o'clock. 

Mr.  Orr  moved  that  the  original  and  amendments  be  laid  on 
the  table; 

Which  was  carried. 

Mr.  Alcorn  offered  the  following: 

Besolved,  That  no  future  Legislature  shall  tax  labor  in  any 
manner,  but  property  alone  shall  bear  the  expenses  of  govern- 
ment, nor  shall  any  county  or  municipal  corporation  in  future 
be  allowed  to  tax  labor,  but  shall  collect  their  revenue  from 
property  ;  the  Legislature  shall  lev}''  taxes  for  the  ordinary  ex- 
persesof  government  only,  and  the  police  privileges  of  selling 
intoxicating  drinks  and  taxes  on  profits,  shall  be  for  extraordi- 
nary expenses. 

Referred  to  the  committee  on  Legislative  Department. 

Mr.  Morgan  offered  the  following : 

Besolved,  That  on  and  after  February  15,  no  member  of  this 
Convention  shall  be  entitled  to  receive  his  per  diem  while 


199 


absent  on  leave,  except  leave  be  granted  the  member  on  ac- 
count of  sickness. 

Mr.  Orr  moved  to  lay  on  the  table; 

Which  was  lost, by  the  following  vote: 

Yeas — Messrs.  Alcorn.  Beam,  Brinson,  Compton,  Elliott 
James,  Fitzhugh,  Hauser,  Herbert,  Howe,  Jacobs,  Johnson 
S.,  Johnson  A.,  Kerr,  Lawsou,  Leas,  Merrynan,  McKnight,  Orr, 
Ozanne,  Smith,  Stovall,  Stringer,  Stiles,  Weir,  Woodmansee — 25, 

Nats — Messrs.  Alderson,  Ballard,  Barry,  Bonney,  Bridges, 
Caldwell,  Castello,  Clarke,  Conle}\  Cunningham,  Dowd,  Drane, 
Elliott  John,  Fawn,  Field,  Gaither,  Goss,  Gray  Hemmingway. 
Holland,  Hutto,  Lack,  Longmire,  Mayson,  Mask,  Musgrove, 
Montgomery,  Moore,  Morgan,  McCutchen,  Nesbitt,  Newsom. 
Peyton,  Phillips,  Quinn,  Railsback,  Richardson^  Stewart. 
Stites,  Town  send,  Toy,  Vaughan,  Walker,  Yeoman — 44. 

Mr.  Orr  offered  the  following  as  an  amendment,  which  was 
accepted  by  Mr.  Morgan : 

Provided  That  all  members  absent  when  the  yeas  and  nay- 
are  called  upon  an y  question,  shall  forfeit  their  per  diem. 

Mr.  Clarke  moved  the  previous  question; 

Which  was  not  sustained. 

Mr.  Musgrove  moved  to  amend  the  amendment,  by  inserting 
alter  the  word  "  sickness,"  "  or  business  of  the  Convention." 

Mr.  Stiles  offered  the  following  as  an  amendment  to  the 
amendment: 

Provided,  This  shall  not  apply  to  those  now  absent  on 
leave. 

Mr.  Hauser  moved  to  indefinitely  postpone  the  whole 
subject; 

Which  was  carried, 

Mr.  Stovall  offered  the  following: 

Whereas,  The  fact  has  been  demonstrated  by  physiologists, 
and  long  since  settled  as  an  axiom  in  science,  that  the  progeny 
resulting  from  an  intermarriage  between  the  white  and  black 
races,  are  very  liable  to  a  character  of  hereditary  diseases ; 
that  the  children  of  the  pure  white  or  black,  are  not  subject  to 
diseases  incurable  in  their  nature,  and  most  destructive  to 
human  life;  that  the  general  intermarriage  of  the  two  races 
occupying  the  South,  will  inevitably  result  in  the  destruction 
of  both,  and  it  should  be  the  settled  policy  of  all  good  men  of 
both  races,  who  desire  the  perpetuation  and  prosperity  of  their 
respective  races,  to  discontinue  such  commingling;  there- 
fore, be  it 

Pesolved,  That  an  article  be  inserted  in  the  Bill  of  Eights, 
adopted  by  this  Convention,  forbidding  the  intermarriage  of 
white  and  colored  persons  one  with  the  other,  under  penalty 
of  both  parties  being  indicted,  and  convicted  to  serve  in  the 
State  penitentiary  for  not  less  than  five  years. 

Mr.  Stringer  moved  to  lay  on  the  table; 

Which  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Ballard,  Bridges,  Drane,  Herbert,  Holland 
May  son,  Moore,  Mygatt,  McKnight,  and  Stringer — 10. 


200 


Nays — Messrs.  Alderson,  Alcorn,  Barry,  Beam,  Bonney, 
Brinson,  Caldwell,  Castello,  Clarke,  Compton,  Conley,  Cun- 
ningham,  Dowd,  Elliott  John,  Elliott  James,  Fitzhugh,  Gaither, 
Goss,  Gray,  Hanser,  Hemmingway,  Howe,  Hutto,  Jacobs,  John- 
son S.,  Lack,  Lawson,  Leonard,  Longmire,  Mask,  Musgrove, 
Montgomery,  Merry  man,  Morgan,  McCutchen,  Nelms,  New- 
som,  Orr,  Parsons  J.  R.,  Peyton  E.  A.,  Quinn,  Railsback,  Rich- 
ardson,  Smith,  Stewart,  Stites,  Stovall,  Stricklin,  Stiles,  Town- 
send,  Toy,  Vaughan,  Walker,  and  Yeoman. — 55. 

Special  order  called. 

Mr.  Newsom  moved  to  suspend  the  rules  to  take  further 
action  on  the  resolution  of  Mr.  Stovall. 

Mr.  Stricklin  moved  to  lay  the  motion  on  the  table; 
Which  was  lost. 

The  question  recurring  on  suspension  of  the  rules,  the 
motion  of  Mr.  Newsom  was  lost. 

Mr.  Clarke  moved  to  proceed  to  consider  the  Bill  of  Rights 

by  sections. 

Mr.  Parsons,  of  Adams,  moved  that  the  Convention  resolve 
itself  into  a  Committee  of  the  Whole  for  the  consideration  of 
the  same; 

Which  was  carried. 

Mr.  Elliott,  of  Monroe,  in  the  chair. 

The  committee  rose  and  reported  progress. 

Mr.  Cunningham  moved  that  the  rules  be  suspended,  and 
that  the  Convention  proceed  to  act  upon  the  Bill  of  Rights  and 
preamble  to  the  same; 

Which  was  carried. 

Mr.  Herbert  offered  the  following  as  a  preamble : 
We,  the  people  of  the  State  of  Mississippi,  in  Conven- 
tion assembled,  in  order  to  create  a  more  perfect  form  of 
Republican  government,  establish  justice,  insure  domestic 
tranquility,  provide  a  sj'stem  of  common  schools  among  the 
people  for  the  education  of  their  children,  reward  labor  and 
secure  the  blessings  of  liberty  for  ourselves  and  to  our  pos- 
terity, do  ordain  and  establish  this  Constitution  of  govern- 
ment for  the  State  of  Mississippi,  of  all  declaring  "  these 
truths  to  be  self  evident  that  all  men  are  created  free  and 
equal;  that  they  are  endowed  by  their  Creator  with  certain 
inalienable  rights;  that  among  these  are  life,  liberty  and  the 
pursuits  of  happiness;  tbatjto  secure  these  rights,  governments 
are  instituted  among  men,  deriving  their  just  powers  from  the 
consent  of  the  governed. 

Mr.  Railsback  offered  the  following  as  an  amendment  to  the 
preamble ; 

To  the  end  that  justice  be  established,  order  maintained, 
and  liberty  perpetuated,  we,  the  people  of  the  State  ot  Missis- 
sippi, grateful  to  Almighty  God  for  the  free  exercise  of  the 
right  to  choose  our  own  form  of  government,  do  ordain  this 
Constitution. 

Which  was  adopted. 

Mr.  Railsback  moved  to  reconsider;  which  was  lost, 


201 


Mr.  Herbert  offered  the  following  as  an  amendment  to  the 
amendment : 

Amend  the  first  amendment  by  striking  out  the  words,  "we, 
the  people,"  and  striking  out  all  in  the  original  preamble  after 
the  words,  "  we  the  people,"  and  inserting  the  remainder  of 
said  first  amendment. 

Mr.  Compton  moved  to  lay  the  amendment  and  the  amend- 
ment to  the  amendment  on  the  table; 

Which  was  carried. 

Mr.  Field  offered  the  following  as  an  amendment  to  the  origi- 
nal : 

We,  the  people  of  the  State  of  Mississippi,  in  Convention 
assembled,  with  a  view  to  honor  God,  and  benefit  ourselves  and 
our  posterity,  do  hereby  ordain  the  following  Constitution  of 
civil  government. 

Which  amendment  was  laid  on  the  table. 

Mr.  Parsons  offered  to  amend  as  follows: 

To  the  end  that  justice  be  established,  public  order  main- 
tained, and  liberty  perpetuated,  we,  the  poople  of  the  State  of 
Mississippi,  grateful  to  Almighty  God  for  the  free  exercise  of 
the  right  to  choose  our  own  form  of  government,  do  ordain 
this  Constitution. 

Which  was  lost. 

Mr.  Orr  moved  a  suspension  of  the  rules,  to  admit  of  substi- 
tutes to  all  reports  of  standing  committees  on  their  second 
reading; 

Which  was  lost. 

A  motion  to  adjourn  was  lost. 

Mr.  Compton  moved  to  suspend  the  rules,  so  that  a  substi- 
tute for  the  preamble  to  the  Bill  of  Eights,  may  be  offered. 
Mr.  Orr  moved  to  lay  on  the  table; 
Which  was  lost. 

And  the  motion  to  suspend  the  rules  prevailed. 
Mr.  Parsons  offered  his  amendment  as  a  substitute. 
A  motion  was  made  to  lay  on  the  table  ; 
Which  was  lost. 

Mr.  Clarke  moved  the  previous  cjuestiou; 
Which  was  carried. 

And  the  amendment  of  Mr.  Parsons,  of  Adams,  as  a  substi- 
tute to  the  original  preamble,  was  adopted. 

The  Convention  adjourned  to  meet  to-morrow  at  10  o'clock, 

T.  P.  Sears, 
Secretary 


202 


THIRTY-FIFTH  DAY. 

Jackson,  Miss.,  Saturday,  February  15tli,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Bany, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Compton,  Conle}',  Cunningham,  Dalton, 
Dowd,  Drane,  Elliott  John,  Elliott  James,  Fawn,  Field,  Fitz- 
hiigh,  Gaither,  Gibbs,  Goss,  Gray,  Hauser,  Hemming  way,  Her- 
bert,-Holland,  Howe,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A., 
Jones,  Kerr,  Lack,  Lawson,  Leas,  Leonard,  Longmire,  Mayson, 
Mask,  Musgrove,  Montgomery,  Merry  man,  Moore,  Morgan, 
Mygatt,  McCutchen,  McKee,  McKnight,  Neilson,  Nelms,  Nes- 
Mtt,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton 
E.  A.,  Phillips,  Quinn,  Railsback,  Richardson,  Smith,  Stewart, 
Stiles,  Stovall,  Stricklin,  Stringer,  Stites,  Townsend,  Toy, 
Vaughan,  Walker,  Warren,  Weir,  Woodmansee,  Yeoman — 84. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Combash,  Handy,  Jamison,  Myers,  Peyton 
E.  Gr.,  Powell,  Watson,  and  Williams — 9. 

Journal  of  yesterday  read  and  approved. 

The  committee  on  Enrollment  reported  as  follows: 

Mr.  President:  Your  committee  on  Enrollment  having 
examined  an  ordinance  providing  for  the  printing  of  the  Jour- 
nal of  the  Convention  in  certain  newspapers,  and  fixing  com- 
pensation therefor,  report  that  they  find  it  correctly  enrolled. 

James  Weir, 

Chairman. 

Standing  committees  reported  as  follows : 
Committee  on  General  Provisions  reported  progress. 
Committee  on  Printing  reported  progress. 
Committee  on  Finance  reported  progress. 
Committee  on  Militia  reported  progress. 
Mr.  Morgan  introduced  the  following: 

Resolved,  That  the  committee  known  as  the  committee  to 
draft  a  Constitution,  be  styled  "the  committee  on  Form  and 
Arrangement  of  the  Constitution  to  be  framed  by  this  Conven- 
tion.1' 

Mr.  Hauser  moved  the  previous  question  on  Mr.  Morgan's 
resolution; 

Which  was  sustained. 

Mr.  Compton  claimed  that  an  amendment  offered  by  Mr. 
Townsend,  but  not  read  from  the  Secretary's  desk,  was  the 
previous  question. 

Chair  decided  Mr.  Morgan's  resolution  the  previous  question. 

Mr.  Compton  appealed  from  the  decision  of  the  Chair,  and 
the  Chair  was  sustained. 

And  the  resolution  of  Mr.  Morgan  was  adopted. 


203 

Mr.  Hauser  moved  to  suspend  the  mles,  and  take  up  the 
report  of  the  committee  on  Bill  of  Eights. 

Mr.  Castello  moved  to  lay  the  motion  on  the  table : 
Which  was  lost. 

The  question  recurring  on  the  motion  o:  31:'.  Hauser.  i:  was 
adopted. 

Mr.  Compton  moved  to  go  into  the  Committee  of  the  Whole: 
Which  was  lost. 

3Ir.  Townsend  moved  to  reconsider  the  vote  just  taken. 
Mr.  Moore  moved  to  lay  on  the  table: 
Which  was  carried. 

Section  1 :  Mr.  Stricklin  moved  to  amend,  by  striking  out 
the  words  -resident  in  the  State."  after  the  word  -persons,"' 
in  the  first  line,  and  insert  in  lieu  thereof,  the  words,  -who 
have  been  legally  domiciled  in  the  State  of  Mississippi  for  five 
years  next  preceding  the  adoption  of  this  Constitution." 

Which  was  laid  on  the  table. 

Mr.  Field  moved  to  amend,  after  the  words  -  ail  persons,53  in 
the  first  line,  by  inserting  -  who  have  resided  in  this  State  twelve 
months,  whether  native  or  naturalized.""  and  the  words  -  resi- 
dent in  the  State,  born  in  the  State,  or  naturalized."  be  erased 
or  stricken  out: 

Which  was  laid  on  the  table. 

Mr.  Stricklin  moved  to  amend  as  follows : 

After  the  word i;  all,"  in  the  first  line,  insert  the  word  -  white." 

Mr.  Musgrove  called  the  previous  question  on  the  amend- 
ment of  Mi\  Stricklin : 

Which  was  sustained;  and  the  amendment  was  lost,  by  the 
following  vote : 

Yeas — Messrs.  Compton.  Dalton,  Gaither.  Gray.  McCutchen. 
Xeilson,  Xelms,  Stricklin,  and  Townsend — 9. 

Nays — Messrs.  Alderson.  Alcorn.  Ballard.  Barry.  Beam. 
Bonney.  Bridges.  Brinson,  Caldwell,  Castello,  Chapman,  Chap- 
pell,  Clarke,  Conley,  Cunningham.  Dowd.  Drane,  Elliott  John- 
Elliott  James,  Fawn,  Field.  Fitzhugh.  Gibbs,  Goss.  Hauser. 
Hemmingway.  Herbert.  Holland.  Howe.  Hutto,  Jacobs.  John- 
son S..  Johnson  A..  Jones.  Kerr.  Lack.  Lawson,  Leonard.  Long- 
mire,  May  son,  Mask,  Musgrove,  Montgomery,  Moore,  Morgan. 
Mygatt.  MeKee.  McKnight.  Xewsom,  Orr.  Ozanne,  Parsons  F., 
Parsons  J.  E..  Peyton  E  A..  Quinn,  Railsback.  Richardson, 
Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy.  Warren. 
Weir.  Woodmansee.  and  Yeoman — 69. 

The  Chair  decided  that  debate  was  not  in  order  when  the 
previous  question  was  ordered. 

Mr.  Morgan  appealed  from  the  decision  of  the  Chair,  and  the 
Chair  was  sustained. 

The  question  recurring  on  the  adoption  of  the  section  as 
read,  it  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Barry.  Bonney.  Bridges.  Brinson.  Caldwell. 
Chapman.  Clarke.  Dowd.  Drane,  Elliott  James.  Fawn.  Gibbs. 
Hauser,  Holland,  Jacobs.  Johnson  A,,  Leonard,  Mayson.  Moore. 
Morgan.  Mvgatfc,  Ozanne,  Parsons  F.,  Parsons  J.  E..  Peyton 
E.  A..  Railsback,  Stewart,  S:::es.  an  1  Stringer — 29. 


204 


Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Castello, 
Chapman,  Chappell,  Compton,  Conley,  Cunningham,  Dalton, 
Elliott  John,  Field,  Fitzhugh,  Gaither,  Goss,  Gray,  Hemming- 
way,  Herbert,  Howe,  Hutto,  Johnson  S.,  Jones,  Kerr,  Lack, 
Lawson,  Longmire,  Mask,  Musgrove,  Montgomery,  McCutchen, 
McKee,  MeKnight,  Neilson,  Nelms,  Nesbitt,  Newsoin,  Orr, 
Phillips,  Quinn,  Raine}T,  Richardson,  Smith,  Stovall,  Stricklin, 
Stiles,  Townsend,  Toy,  Walker,  Weir,  and  Yeoman — 51. 

Mr.  Musgrove  moved  to  strike  out  all  after  the  word  "per- 
sons," in  the  first  line,  aud  insert,  "all  male  persons,  without 
regard  to  race,  color  or  previous  condition,  born  or  naturalized 
in,  or  who  shall  have  legally  declared  their  intentions  to  be- 
come citizens  of  the  United  States,  and  inhabitants  of  this 
State  one  year,  are  citizens  of  this  State,  and  shall  enjoy  the 
same  public  civil  and  political  rights  and  privileges,  and  be 
subject  to  the  same  pains  and  penalties." 

Mr.  Hauser  offered  the  following  amendment: 

"  All  persons  citizens  of  the  United  States,  without  regard 
to  race  or  color,  resident  in  this  State  one  year,  shall  be 
deemed  citizens  of  this  State,  and  shall  enjoy  all  the  civil  and 
religious  rights  due  to  any  one  under  this  Constitution." 

Mr.  McKee  moved  to  lay  both  amendments  on  the  table; 

Which  was  carried. 

Mr.  Herbert  moved  to  amend  section  1  by  striking  out  all 
after  the  word  "  naturalized,"  in  third  line,  down  to  the  words 
"  United  States,"  in  the  sixth  line,  so  that  the  section  will  read, 
u  All  persons  resident  in  the  State,  born  in  the  United  States, 
or  naturalized,  are  hereby  declared  citizens  of  the  State  of 
Mississippi,  possessing  equal  civil  and  political  rights,  and  pub- 
lic privileges." 

Mr.  Parsons,  of  Adams,  offered  the  following  amendment : 

After  the  word  "  persons,"  in  the  first  line,  insert  the  words, 
"  except  those  who  voluntarily  engaged  in  the  late  rebellion 
against  the  United  States." 

A  motion  was  made  to  lay  all  amendments  on  the  table; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Beam, 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chap- 
pell, Clarke,  Compton,  Conley,  Cunningham,  Dalton,  Dowd, 
Drane,  Elliott  John,  Elliott  James,  Fawn,  Field,  Fitzhugh, 
Gaither,  Gibbs,  Goss,  Gray,  Hemmingway,  Herbert,  Holland, 
Howe,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A.,  Lack,  Lawson, 
Leonard,  Longmire,  Mayson,  Mask,  Musgrove,  Montgomery, 
Merryman,  Moore,  Morgan,  Mygatt,  McCutchen,  McKee,  Mc- 
Knight, Nelms,  Nesbitt,  Newsom,  Orr,  .  Ozanne,  Parsons  F., 
Phillips,  Quinn,  Railsback,  Raine}^  Richardson,  Stewart,  Stites, 
Stovall,  Stringer,  Stiles,  Townsend,  Toy,  Walker,  Warren,  and 
Woodmansee — 7  2. 

Nays — Messrs.  Neilson,  Peyton,  Smith,  and  Weir -4. 

Mr.  Hemmingway  offered  the  following  amendment: 

"  All  male  persons  twenty-one  years  of  age,  citizens  of  the 
United  States,  who  have  been  naturalized,  or  who  shall  have 
legally  declared  their  intention  to  become  citizens  of  the 


205 


United  States,  and  have  resided  in  this  State  for  twelve  months, 
are  hereby  declared  citizens  of  the  State  of  Mississippi,  pos- 
sessing equal  civil  and  political  rights. 

Mr.  Compton  moved  that  the  amendments  proposed  to  sec- 
tion 1,  with  the  section,  be  referred  to  a  committee  consisting 
of  Messrs,  Mygatt,  Herbert,  and  Hemmingway. 

And  moved  the  previous  question  ; 

Which  was  sustained. 

And  the  resolution  of  Mr.  Compton  was  adopted. 
Section  2  was  adopted  as  read. 
Section  3 : 

Mr.  McKee  moved  to  strike  out  all  of  the  section  after  figure 
3.  "  in  first  line,  and  insert  the  following:  "  The  privilege  of 
the  writ  of  habeas  corjws  shall  not  be  suspended  unless  where 
in  case  of  rebellion  or  invasion  the  public  safety  may  require  it/1 

Which  was  adopted. 

And  section  3  was  adopted  as  amended. 

Section  4: 

Mr.  Orr  offered  to  amend  as  follows : 

After  "libel,"  in  fourth  line,  insert  "the  truth  may  be 
offered  in  evidence. " 

Mr.  Cunningham  moved  to  lay  the  amendment  on  the  table: 
Which  was  carried. 

Mr.  Clarke  moved  to  amend  by  striking  out,  in  the  fourth 
line,  "  have  right  to." 

Mr.  Orr  moved  to  lay  the  amendment  on  the  table; 
Which  was  lost. 

And  section  4  was  adopted  as  amended. 
Section  5 : 

Mr.  Beam  moved  to  amend  by  striking  out  "by  a  second 
trial,"  in  third  line,  and  insert  "no  person's  life  or  liberty  shall 
be  twice  placed  in  jeopardy  for  the  same  offense 

Which  was  adopted. 

And  section  5  was  adopted  as  amended, 

Section  6  was  adopted  as  read. 

Section  7: 

Mr.  Castello  moved  to  amend  by  striking  out  "  may  demand, " 
and  insert  "shall  have,""  in  second  line. 

Mr.  McKee  moved  to  lay  the  amendment  on  the  table; 
Which  was  carried. 

Mr.  McKee  moved  to  strike  out  all  after  "  7  "  in  first  line, 
and  insert  "That  in  all  criminal  prosecutions  the  accused  hath 
a  right  to  be  heard,  by  himself  or  counsel,  or  both;  to  demand 
the  nature  and  cause  of  the  accusation ;  to  be  confronted  by 
the  witnesses  against  him:  to  have  a  compulsory  process  for 
obtaining  witnesses  in  his  favor,  and  in  all  prosecutions  by  in- 
dictment or  information,  a  speedy  and  public  trial  by  an  impar- 
tial jury  of  the  county  where  the  offense  was  committed: 
that  he  cannot  be  compelled  to  give  evidence  against  himself ; 
nor  can  he  be  deprived  of  his  life,  liberty,  or  property,  but  by 
due  course  of  law;"  which  was  adopted; 

And  the  section  as  amended  was  adopted. 

Section  8: 


206 


Mr.  Or?  moved  to  amend  as  follows:  After  the  word 
"required."  in  the  second  line,  insert  "cruel  or  unnatural 
punishment  shall  not  be  inflicted." 

Mr.  Comptom  moved  to  amend  as  follows :  Before  the  word 
"excessive,"  in  the  first  line,  insert  "  cruel  or  unusual  pun- 
ishment shall  not  be  inflicted." 

A  motion  to  adjourn  was  lost. 

Mr.  Morgan  moved  to  table  the  amendment  of  Mr.  Comp- 
ton ; 

Which  was  lost. 

And  the  amendment  of  Mr.  Compton  was  adopted. 

And  the  amendment  of  Mr.  Orr  was  lost. 

Mr.  Conley  moved  to  amend  as  follows:  After  the  word 
"  required,"  in  the  second  line,  insert  "  nor  excessive  fines 
imposed;" 

Which  was  adopted. 

Section  8  was  adopted,  as  amended. 

Mr.  Compton  moved  to  reconsider. 

A  motion  was  made  to  lay  on  the  table; 

Which  was  lost. 

And  the  motion  to  reconsider  was  carried. 

Mr.  Compton  then  moved  to  so  transpose  the  amendments 
as  that  section  8  would  read  as  follows: 

"  Cruel  and  unusual  punishment  shall  not  be  inflicted,  nor 
excessive  fines  imposed,"  etc.; 

Which  was  adopted. 

The  Convention  adjourned  until  10  o'clock,  Monda5r. 

T.  P.  Sears, 

Secretary. 


THIRTY-SIXTH  DAY. 

Jackson,  Miss.,  Monday,  Febeuary  17th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Conley,  Compton,  Dalton,  Dowd,  Drane, 
Elliott  John,  Elliott  James,  Fawn,  Fitzhugh,  Gaither,  Gibbs, 
Goss,  Gray,  Hauser,  Hemmingwa}^  Herbert,  Holland,  Howe, 
Hutto,  Jacobs,  Johnson  S.,  Johnson  A.,  Jones,  Kerr,  Lack,  Law- 
son,  Leas,  Leonard,  Longmire,  May  son,  Mask,  Musgrove, 
Montgomery,  Merryman,  Moore,  Morgan,  Mygatt,  McCutchen, 
McKee,  McKnight,  Neilson,  Nelms,  Nesbitt,  Newsom,  Orr, 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Phillips,  Quinn, 
Rails  back,  Rainey,  Richardson,  Smith,  Stewart,  Stites,  Stovall, 


207 


Stricklin,  Stringer,  Stites,  Townsend,  Toy,  Vaughan,  Walker. 
Warren,  Weir,  Woodmansee,  and  Yeoman — 83, 
The  following  delegates  were  absent : 

Messrs.  Collins,  Combash,  Cunningham,  Field,  Hand}',  Jami- 
son, Myers,  Peyton  E  G,  Powell,  Watson,  and  Williams — 11. 

Journal  of  Saturday  was  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  named  gen- 
tlemen for  the  period  affixed  to  their  names: 

Mr.  Cunningham  for  one  day;  Mr.  Drane  for  one  day;  Mr. 
Orr  for  one  day. 

Mr.  Holland  presented  a  petition  from  sundry  citizens  of 
Carroll  county,  praying  for  the  formation  of  a  new  county. 

Referred  to  committee  on  County  Boundaries. 

The  committee  on  General  Provisions  made  an  additional 
report,  as  follows : 

Mr.  President — The  committee  to  whom  was  referred  a 
resolution  asking  the  committee  to  report  an  ordinance  in 
regard  to  contracts,  beg  leave  to  report  the  following  ordi- 
nance and  preamble: 

Whereas,  In  a  republic,  the  foundation  of  government  is 
the  right  of  suffrage,  and  therefore,  this  right  should  be  guard- 
ed from  all  under  influences,  and  secured  in  such  manner  that 
the  free  and  untrammeled  voice  of  the  people  should  be  heard: 
therefore, 

Be  it  ordained  by  the  "people  of  the  State  of  Mississippi  in 
Convention  assembled: 

Section  1.  No  contract  shall  be  valid  which  in  any  man- 
ner abridges  or  affects  the  right  of  franchise  of  either  party; 
and  any  person  or  persons  demanding  such  conditions  shall  be 
disfranchised  for  the  term  of  five  years  from  and  after  the 
ratification  of  this  Constitution,  and  shall  pay  a  fine  of  five 
hundred  dollars  to  be  imposed  by  any  court  having  competent 
jurisdiction 

Sec.  2.  Whoever  shall  dismiss  from  employment  any  person 
or  persons,  for  having  exercised  the  right  of  franchise  or  for 
offering  to  exercise  such  right,  shall,  on  conviction,  be  fined 
not  less  than  two  hundred  and  fifty  dollars,  and  be  disfran- 
chised for  the  term  of  five  years  from  and  after  the  ratification 
of  this  Constitution. 

E.  J.  Castello, 

Chairman. 
Peres  Boxxey, 
Chas.  W.  Clarke. 
D.  Stites, 
G.  Stovall, 
J.  R.  Parsons. 

Committee. 

Report  received  andoneTmnclred  copies  ordered  to  be  printed. 
The  select  committee,  to  whom  was  referred  for  consideration 
section  1  of  the  Bill  of  Rights,  made  the  following  reports: 


208 


To  the  President  of  the  Constitutional  Convention : 

Sir — The  undersigned,  a  member  of  the  special  committee  to 
whom  was  referred  the  resolution  on,  and  together  with  the 
first  section  of  the  Bill  of  Rights,  as  reported  by  the  standing 
committee  on  the  same,  wxmld  beg  leave  to  report  that  said 
committee  has  met  and  disagreed  among  themselves,  and  he 
would  say  for  himself  that  he  would  amend  the  first  section  of 
said  Bill  of  Rights  by  striking  out  all  after  the  words  "  section 
1,"  and  inserting  the  following  to-wit: 

That  all  men  framing  for  themselves  a  compact  of  govern- 
ment are  equal  in  all  civil  and  political  rights,  and  no  man  or 
set  of  men  are  entitled  to  exclusive  separate  public  emoluments 
or  privileges  from  the  community  but  in  consideration  of  pub- 
lic services;  and  all  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  residing  in  the 
State  of  Mississippi,  are  hereby  declared  to  be  citizens  of  said 
State,  and  no  law  shall  ever  be  passed  which  shall  in  anywise 
abridge  their  privileges  or  immunities. 

And  having  so  reported,  the  undersigned  would  respectfully 
recommend  the  adoption  of  said  amendment. 

James  L.  Herbert. 

T<*  the  President  of  the  Constitutional  Convention : 

Sir — The  undersigned  asks  leave  respectfully  to  submit  the 
following  as  his  report  from  the  select  committee  of  three  to 
whom  was  referred,  for  their  consideration,  the  first  section  of 
the  Bill  of  Rights,  with  all  amendments  thereto,  to-wit: 

All  persons  who  are  citizens  of  the  United  States  or  have 
declared,  according  to  law,  their  intention  to  become  such  citi- 
zens, and  who  shall  have  resided  in  this  State  for  the  period  of 
one  year,  with  the  intention  of  becoming  citizens  thereof,  are 
hereby  declared  to  be  citizens  of  the  State  of  Mississippi,  and 
entitled  to  the  privileges  of  citizenship,  subject,  however,  to  be 
deprived  of  the  same  for  crime,  whereof  the  party  shall  have 
been  convicted  by  due  course  of  law. 

W.  L,  Hemmingway. 

To  the  President  of  the  Constitutional  Convention  : 

Sir — The  undersigned  begs  leave  to  make  the  following- 
report  : 

All  persons,  citizens  of  the  United  States,  or  who  shall  have 
declared  their  intention  to  become  such,  without  regard  to  race  or 
color,  residing  in  this  State,  shall  be  deemed  citizens  thereof  and 
entitled  to  all  the  civil  and  religious  rights  and  privileges  due 
to  any  one  under  this  Constitution. 

A,  Mygatt. 

Mr.  Hauser  moved  to  print  the  reports, 
Mr.  Gibbs  moved  to  amend  as  follows: 

That  they  be  received  and  considered  when  the  report  of  the 
committee  on  the  Bill  of  Rights  is  taken  up,  and  the  committee 
discharged. 


203" 


Mr.  Morgan  moved  that  the  reports  lie  on  the  table,  and  the 
committee  be  discharged; 
Which  was  carried. 

Mr.  Morgan,  of  Yazoo,  offered  the  following : 

Hesolved,  That  W.  T.  Stricklin.  a  member  of  this  Conven- 
tion, from  the  county  of  Tippah,  having  on  the  fourteenth  in- 
stant, in  a  preamble  offered  by  him  to  the  Bill  of  Rights,  then 
under  consideration  for  adoption  as  part  of  the  Constitution 
of  the  State,  used  the  following  language :  "We,  the  carpet-bag- 
gist  and  scalawags  from  the  States  of  Ohio,  Vermont,  Connec- 
ticut^ Maine,  and  Africa,  do  ordain  and  proclaim  this  to  be 
the  document  upon  which  we  predicate  all  our  hopes  for  the 
success  of  the  Radical  party,"  deserves  the  censure  of  this 
Convention,  and  the  President  is  hereby  directed  forthwith  to 
pronounce  that  censure  at  the  bar  of  this  Convention. 

Mr.  Gibbs  moved  to  refer  to  a  special  committee  of  three. 

Mr.  Fitzhugh  moved  to  lay  the  whole  matter  on  the  table: 

Which  was  carried. 

Mr.  Gibbs  moved  that  the  Sergeant-at-Arms  clear  the  gal- 
leries and  lobbies; 

Mr.  Townsend  moved  to  take  up  the  resolution  of  censure 
on  Mr.  Stricklin  from  the  table : 

Which  was  lost. 

The  committee  on  County  Boundaries,  through  their  Chair- 
man, submitted  the  following  report: 

To  the  President  of  the  Constitutional  Convention: 

Sir — The  committee  on  County  Boundaries,  beg  leave  to 
report  that  a  number  of  petitions  and  applications  numerously 
signed,  have  been  laid  before  them  for  the  purpose  of  forming 
new  counties,  which  your  committeee  find  are  imperatively 
needed  in  several  instances.  Before  taking  action  on  the  same, 
your  committee  heard  testimony  as  to  the  proposed  area  of 
such  counties;  and  have  come  to  the  decision  embodied  in  the 
following  ordinance,  which  they  consider  the  best  adapted 
for  this  State,  and  recommend  that  it  receive  the  favorable 
consideration  of  the  Convention: 

Be  it  ordained  by  the  people  of  Jlississippi,  in  Convention 
assembled,  That  from  and  after  the  passage  of  this  ordinance, 
the  area  of  any  and  even*  new  county  to  be  hereafter  formed, 
shall  not  be  less  than  three  hundred  and  twent}T-four  (324), 
nor  more  than  nine  hundred  (900),  square  miles. 

G.  H.  Holland, 

Chairman. 

Report  received.  • 
Mr.  Compton  moved  that  the  Convention  resolve  itself  into 
a  Committee  of  the  Whole. 
Mr.  Gibbs  moved  to  la}*  the  motion  on  the  table; 
Which  was  carried. 
Mr.  Townsend  moved  to  adjourn; 
Which  was  lost. 
C— 14 


210 


The  Convention  then  proceeded  to  the  consideration  of  sec- 
tion 9  of  the  Bill  of  Rights. 

Mr.  Parsons,  of  Adams,  offered  the  following  amendment: 

No  expos t  facto  law  or  laws  impairing  the  obligation  of 
contracts  shall  ever  be  passed. 

Mr.  Gibbs  moved  to  postpone  the  farther  consideration  of 
the  Bill  of  Rights. 

Mr.  Compton  moved  to  table  the  motion  of  Mr.  Gibbs; 

Which  was  lost. 

And  the  motion  of  Mr.  Gibbs  was  carried. 

Mr.  Fitzhugh  moved  a  reconsideration  of  the  vote  laying 
the  resolution  of  censure  upon  Mr.  Stricklin  on  the  table. 

Fending  which,  the  Convention  adjourned  until  10  o'clock 
to-morrow. 

T.  P.  Sears, 

Secretary. 


THIRTY-SEVENTH  DAY, 

Jackson,  Miss.,  Tuesda}T,  February  18th,  1868, 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Compton,  Conley,  Cinminghain, 
Dalton,  Dowd,  Drane,  Elliott  John,  Elliott  James,  Fawn,  Field, 
Fitzhugh,  Gaither,  Gibbs,  Goss,  Gray,  Hauser,  Hemmingway, 
Herbert,  Holland,  Howe,  Hutto,  Jacobs,  Jamison,  Johnson  S., 
Johnson  A.,  Jones,  Kerr,  Lack,  Lawson,  Leas,  Leonard,  Long- 
mire,  Mayson,  Mask,  Musgrove,  Montgomery,  Miles,  Merry- 
man,  Moore,  Morgan,  Myers,  Mygatt,  McCutchen,  McKee,  Mc- 
Ivnight,  Neilson,  Nelms,  Nesbitt,  Newsom,  Orr,  Ozanne,  Par- 
sons F.,  Parsons  J.  R.,  Peyton  E.  A.,  Phillips,  Quinn,  Railsback, 
Rainey,  Richardson,  Smith,  Stewart,  Stites,  Stovall,  Stricklin, 
Stringer,  Stiles,  Townsend,  Toy,  Vaughan,  Walker,  Warren, 
Weir,  Woodmansee,  and  Yeoman — 89. 

The  following  delegates  were  absent : 

Messrs.  Collins,  Handy,  Peyton  E.  G.,  Powell,  Watson,  and 
Williams — 6. 

Journal  of  yesterday  read  and  approved. 
Mr.  Stricklin  offered  the  following: 

To  the  President  and  31  embers  of  the  Constitutional  Convention, 
of  the  State  of  Mississippi  : 

When  I  offered,  and  read  upon  this  floor,  my  preamble  to  the 


211 


Bill  of  Eights,  as  a  substitute  to  the  various  and  sundry  other 
preambles  and  amendments  thereto,  I  did  not  mean  to  insult 
this  body,  and  intended  so  to  state,  if  occasion  required.  When 
assailed,  however,  honor  and  pride  forbade  any  explanation  or 
retraction  on  my  part,  I  have  to  say  in  addition  to  this,  that 
on  3-esterday,  while  in  a  moment  of  excitement,  I  made  use  of 
improper  and  unparliamentary  language.  I  meant  no  insult 
or  indignity  to  this  body,  and,  so  far  as  the  Convention  is  con- 
cerned, retract  it. 

Explanation  received. 

Mr.  Weir  moved  to  adjourn  until  the  18th  day  of  March 
next. 

Mr.  Orr  moved  to  table; 

Which  was  carried. 

Mr.  Vaughan  offered  the  following: 

Whereas,  On  yesterday  there  occurred  things  and  matters 
in  this  hall  in  which  the  members  of  this  Convention  are  only 
interested,  and  b  ing,  as  it  were,  a  family  difference ;  be  it 
therefore, 

Resolved,  That  the  President  have  the  lobby  and  gallery 
cleared  this  morning,  before  the  Convention  proceeds  to  busi- 
ness. 

Mr.  Orr  offered  the  following  amendment. 

Resolved,  That  the  lobbies  and  galleries  of  this  Convention 
be  cleared  of  all  persons  except  members  and  officers  and 
guests  specially  invited  to  remain. 

Mr.  Alderson  moved  to  further  amend  as  follows:  "And  that 
this  Convention  go  into  secret  session  for  the  day ; 

Which  was  lost. 

The  question  recurring  on  the  amendment  of  Mr.  Orr,  it  was 
adopted,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Beam,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke,  Combash,  Compton,  Conley,  Cunuingham,  Dalion, 
Dowd,  Drane,  Elliott  John,  Elliott  James,  Fawn,  Field,  Fitz- 
hugk,  Gaither,  Gibbs,  Hauser,  Hemniingway,  Herbert,  Holland, 
Howe,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A.,  Jones,  Kerr, 
Lack,  Lawson,  Leas,  Leonard,  Longmire,  Maj'son,  Mask,  Mus- 
grove,  Montgomery,  Moore,  Morgan,  Myers,  Mygatt,  McKee, 
McKnight,  Neilson,  Nelms,  ISewsom,  Orr,  Ozanne,  Parsons  F., 
Parsons  J.  R.,  Peyton  E.  A.,  Phillips,  Quinn,  Raiisback,  Smith, 
Stewart,  Stites,  Stovall,  Stricklin,  Stringer,  Stiles,  Townsend, 
Toy,  Vaughan,  Walker,  Warren,  Weir,  Woodmansee,  Yeo- 
man— 79. 

Nays — Messrs.  Ballard,  Gray,  McCutchen — 3. 
The  Convention  took  a  recess  of  twenty  minutes. 
Upon  reassembling,   the  committee  on  Printing  reported 
progress. 

The  resolution  of  Mr.  Stovall,  introduced  on  the  14th  of  Feb- 
ruary, was  called  up,  and  the  following,  by  Mr.  Newsom, 
was  accepted  by  Mr.  Stovall,  as  an  amendment  to  the  original 
resolution : 


212 


"And  all  persons  of  this  State  living  in  a  state  of  concu- 
binage and  miscegination,  shall,  on  conviction  thereof  by  any 
criminal  court  having  jurisdiction,  be  fined  in  any  sum  not 
less  than  five  hundred  dollars  nor  more  than  one  thousand  dol- 
lars, each,  and  in  default  thereof  shall  be  confined  in  the  State 
penitentiary,  at  hard  labor,  not  less  than  five  years  nor  more 
than  ten  years,  and  be  forever  incapable  of  voting  at  any  elec- 
tion in  this  State,  and  from  giving  testimony  in  a  y  couit  of 
justice;  and  any  person  or  persons  giving  information  of  such 
offending  parties  shall  be  paid  one-half  of  said  fine — the  other 
moiety  shall  be  applied  to  the  support  of  public  education  of 
the  State." 

"  In  any  case  where  the  parties  convicted  fail  to  pay  the  fine, 
and  are  sentenced  to  the  State  prison,  the  informant  shall  be 
paid  by  the  State  the  sum  of  fifty  dollars  for  services  thus  ren- 
dered to  the  State." 

Mr.  Stites  offered  the  following  amendment: 
Resolved,  That  white  men  living  with  and  cohabiting  with 
females  of  color,  except  under  and  by  virtue  of  the  rights  of 
marriage,  are  guilty  of  a  greater  crime  than  that  of  adultery, 
and  that  the  Legislature  under  the  forthcoming  Constitution, 
be  required,  at  its  first  session,  to  make  such  laws  as  will 
prevent  the  spread  of  such  crime,  and  shall  impose  a  fine  and 
imprisonment  on  such  guilty  white  men,  or  disqualify  them 
from  the  rights  of  citizenship. 

Mr.  Clarke  moved  to  refer  the  resolution  and  amendment  to 
the  committee  on  Ordinance  and  Schedule. 
Mr.  Bridges  moved  to  table  the  whole  matter; 

Which  was  adopted,  by  the  following  vote: 

Yeas-  Messrs.  Alderson,  Ballard,  Beam,  Bonney,  Bridges, 
Brinson,  Caldwell,  Chapman,  Chappell,  Combash,  Dowd,  Drane, 
Fawn,  Field,  Fitzhugh,  Hauser,  Herbert,  Holland,  Jacobs,  John- 
son A.,  Jones,  Lawson,  Leas,  Mayson,  Moore,  Mygatt,  Ozanne, 
Parsons  J.  R.,  Stewart,  Stiles,  Stringer,  Stites,  Warner,  Weir, 
Woodmansee,  Yeoman — 36. 

Nays — Messrs.  Alcorn,  Compton,  Conley,  Cunningham,  Dal- 
ton,  Ellott  John,  Gaither,  Gibbs,  Gray,  Howe,  Hutto,  Johnson  S., 
Kerr,  Lack,  Longmire,  Mask,  Mnsgrove,  Montgomery,  McCutch* 
en,  McKnight,  Neilson,  Nelms,  Nesbitt.  Newsom,  Orr,  Peyton 
E.  A.,  Phillipps,  Railsback,  Smith,  Stovall,  Stricklin,  Townsend, 
Vanghan,  Walker— 33. 

The  consideration  of  the  Bill  of  Rights,  being  the  unfin- 
ished business  of  yesterday,  came  up; 

The  amendment  of  Mr.  Parsons,  of  Adams,  to  section  9,  was 
adopted; 

And  section  9  was  adopted  as  amended. 
Section  10: 

Mr.  Compton  moved  to  strike  out  in  the  fourth  and  fifth  lines 
the  words,  "  and  also  sites  for  educational  purposes." 

Mr.  Leas  moved  to  insert  after  "the,"  in  seventh  line,  "loca- 
tion and," 


Mr.  Fitzhugh  moved  to  lay  amendments  on  the  table. 
The  Chair  decided  the  motion  in  order. 

Mr.  Compton  appealed  from  the  decision  of  the  Chair,  and 
the  Chair  was  sustained; 

And  the  motion  to  table  prevailed. 

Mr.  Compton  moved  that  the  further  consideration  of  sec- 
tion 10  be  dispensed  with,  and  the  section  be  referred  to  the 
special  committee  of  three,  of  which  Mr.  Mygatt  is  the  chairman. 

Mr.  Musgrove  moved  to  table; 

Which  was  carried. 

Mr.  Gaither  moved  to  amend  as  follows: 

Strike  out  all  after  section  10  and  insert,  "  Private  property 
shall  not  be  taken  for  public  use,  except  upon  due  compensa- 
tion first  being  made  the  owner  or  owners  thereof  in  a  manner 
to  be  prescribed  by  law. 

Mr.  Orr  moved  to  lay  on  the  table: 

Which  was  lost. 

Mr.  Hauser  moved  the  previous  question; 
Which,  was  sustained; 

And  the  amendment  of  Mr.  Gaither  was  adopted. 
And  section  10  was  adopted  as  amended. 
Section  11 : 

Mr.  Neilson  moved  to  amend  by  inserting  after  u  debt,"  in  sec- 
ond line,  "  except  in  cases  in  which  the  debt  was  incurred  by 
fraud,  or  in  which  the  debtor  fraudulently  conceals  his  or  her 
property; 

Which  was  adopted. 

And  section  II  was  adopted  as  amended. 
Section  12: 

Mr.  Newsom  moved  to  amend  as  follows: 

After  the  word  "  inviolate,"  insert,  "And  no  person  shall  be 
imprisoned  without  a  preliminary  examination  and  commitment 
by  a  Justice  of  the  Peace  or  Judge  having  jurisdiction: 

Which  was  laid  on  the  table. 

Mr.  Parsons  moved  to  amend  as  follows : 

But  a  jury  trial  may  be  waived  by  the  parties  in  all  civil 
cases,  in  a  manner  to  be  provided  by  law. 

Mr.  Neilson  moved  to  strike  out  the  word  "civil." 

On  motion,  all  amendments  were  laid  on  the  table. 

Mr.  Stricklin  moved  to  amend  as  follows : 

After  the  word  '-'by,'5  in  the  1st  line,  insert  "a,"  and  after 
the  word  "jury,"*  in  the  2d  line,  insert  the  words,  "  of  white 
men/' 

Mr.  Hauser  moved  to  lay  on  the  table; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Beam,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Chappell,  Clarke,  Conley, 
Cunningham,  Dowd,  Drane,  Elliott  James,  Fawn,  Fitzhugh, 
Gibbs,  Hauser,  Hemmingway,  Herbert,  Howe,  Hutto,  Jacobs, 
Jamison,  Johnson  S.,  Johnson  A.,  Jones,  Lack,  Lawson,  Leas, 
Mayson,  Musgrove,  Montgomery,  Moore,  Mj'ers,  Mygatt, 
I^ewsom.  Orr.  Gzanne.  Parsons  F.,"  Peyton  E.  A.,  Richardson, 


214 


Smith,  Stewart,  Stovall,  Stringer,  Stiles,  Toy,  Vaughan,  War- 
ren, Weir,  Woodmansee,  Yeornan — 56. 

Nays — Messrs.  Combash,  Compton,  Dalton,  Gaither,  Mc- 
Cutchen,  Neilson,  Nelms,  Nesbitt,  Phillips,  Stricklin,  Townsend, 
Walker— 12. 

Mr.  Conley  moved  to  amend  as  follows : 

After  the  word  "inviolate,"  insert  "in  all  cases  where  the  par- 
ties interested  are  all  white,  the  jury  shall  be  all  white,  if  desired 
by  the  parties;  and  in  all  cases  where  the  parties  interested  are 
all  colored,  the  jury  shall  be  all  colored,  if  desired  by  the  par- 
ties; and  in  all  cases,  where  the  parties  interested  are  part 
white  and  part  colored,  the  jury,  if  desired  by  either  party, 
shall  be  half  white  and  half  colored;" 

Which  was  laid  on  the  table. 

Mr.  Parsons,  of  Adams,  moved  to  amend  as  follows: 

"  But  shall  be  deemed  to  be  waived  in  all  civil  cases,  unless 

demanded  by  one  of  the  parties  in  such  manner  as  shall  be 

prescribed  by  law;" 

Which  was  laid  on  the  table. 

Mr.  Alderson  moved  to  strike  out  "be,"  and  insert  "remain;" 
Which  was  carried. 

.  And  section  12  was  adopted  as  amended. 
A  motion  to  adjourn  was  lost. 

Section  13:  Mr.  Townsend  moved  to  strike  out  all  after  "sec- 
tion 13,"  and  insert,  "  the  qualification  of  jurors  shall  be  deter- 
mined by  law ;" 

Which  was  laid  on  the  table. 

Mr.  Vaughan  moved  to  amend  by  inserting  in  the  3d  line, 
after  the  word  "juror,"  "but  the  juror  shall  be  a  qualified 
elector  of  the  county,  between  the  ages  of  21  and  60  years,  a 
house-holder  or  free-holder,  who  can  read,  write,  and  cypher." 

Mr.  Alderson  moved  to  lay  on  the  table; 

Which  was  carried. 

Mr.  Parsons,  of  Adams,  moved  to  postpone  indefinitely; 
Which  was  lost. 

The  Convention  adjourned  to  meet  at  10  o'clock  to-morrow. 

T.  P.  Sears, 
Secretary. 


THIRTY-EIGHTH  DAY. 

Jackson,  Miss.,  Wednesday,  February  19th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain, 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 
Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Beam, 


215 


Bonney,  Bridges.  Brinson,  Caldwell,  Castello,  Chapman,  Chap- 
pell,  Clarke,  Combash,  Compton,  Conley,  Cunningham,  Dalton. 
Dowd,  Drane,  Elliott  John.  Elliott  James.  Fawn,  Fitzhugh, 
Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hauser,  Hemmingway, 
Herbert,  Holland,  Howe,  Hutto,  Jacobs.  Jamison,  Johnson  A., 
Johnson  S.,  Jones,  Kerr.  Lack,  Lawson,  Leas,  Leonard.  May- 
son,  Mask,  Musgrove,  Montgomery,  Miles,  Merryman,  Moore. 
Myers,  Mygatt,  McCutehen,  McKee,  McKnight,  Neilson,  Nelms, 
Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  P.,  Pey- 
ton E.  A.,  Phillips,  Quinn,  Railsback.  Paine}*.  Richardson, 
Smith,  Stewart,  Stites,  Stovall,  Stricklin,  Stringer,  Stiles. 
Townsend,  Toy,  Vaughan,  Walker,  Watson,  Warren,  Weir, 
Woodmansee,  and  Yeoman — 88. 

The  following  delegates  were  absent  : 

Messrs.  Collins,  Field,  Longmire,  Peyton  E.  G.,  Powell,  and 
Williams — 6, 

Journal  of  yesterday  read  and  approved. 

Mr.  D.  McA,  Williams,  of  Holmes,  asked  an  extension  of 
his  leave  of  absence  for  five  days: 

Which  was  granted. 

Pages  Davidson  and  Salamon  were  discharged. 

The  committee  on  Finance  submitted  the  following  report, 

:  -ugh  their  chairman,  Mr.  Parsons: 

AN  ORDINANCE  PROVIDING  FOR  THE  LEVY  AND  COLLECTION  OF  A  TAX 
TO  DEFRAY  THE  EXPENSES  OF  THE  CONSTITUTIONAL  CONVENTION 
OF  THE  STATE  OF  MISSISSIPPI,  PASSED  FEBRUARY  19,  1868. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Mis- 
sissippi,  in  Convention  assembled,  That  a  special  tax  of  one- 
half  of  one  per  cent,  be  and  the  same  is  hereby  levied  upon 
the  value  of  the  stock  now  on  hand  in  each  and  every  dry 
goods,  grocery,  drug  or  provision  store,  and  stocks  of  goods  of 
every  kind  and  nature  not  herein  otherwise  piovided  for. 

Sec.  2.  Be  it  f  urther  ordained,  That  a  special  tax  of  fifty 
dollars  be  and  the  same  is  hereby  levied  upon  the  contents  of 
each  and  ever}-  auction  store,  each  brewery,  each  bar-room, 
drinking  saloon  or  other  places  where  spirituous,  vinous,  malt 
or  brewed  liquors  are  sold  by  permission  of  law,  and  upon  each 
wholesale  liquor  or  rectifying  establishment. 

Sec.  3.  Be  it  further  ordained,  That  a  special  tax  of  twenty- 
five  dollars  be  and  the  same  is  hereby  levied  upon  each  and 
every  livery  stable  where  horses  or  mules  are  kept  for  sale  or 
hire,  upon  each  saw-mill  where  lumber  is  sawed  for  sale,  upon 
each  coal  yard,  upon  each  carriage  depository  where  carriages  are 
kept  for  sale  or  hire,  upon  each  nine  or  ten  pin  alley,  exclusive 
of  tax  upon  bar-rooms,  and  upon  each  wharf  boat. 

Sec.  4.  Be  it  further  ordained,  That  a  special  tax  of  ten 
dollars  be  and  the  same  is  hereby  levied,  upon  the  contents  of 
each  public  inn,  tavern,  eating-house,  or  restaurant,  exclusive  of 
the  tax  upon  bar-rooms,  and  upon  each  and  eveiy  meat-stall 
where  fresh  meat  is  regularly  kept  for  sale. 


216 


Sec.  5.  Be  it  further  ordained,  That  a  special  tax  of  two 
hundred  dollars  be  and  the  same  is  hereby  levied,  upon  each 
and  every  distillery  where  grain  or  fruits  are  distilled  into 
spirituous  or  vinous  liquors. 

Sec.  6.  Be  it  further  ordained,  That  a  special  tax  of  one 
hundred  dollars  be  and  the  same  is  hereby  levied,  upon  each  and 
every  bank  or  banking  establishment. 

Sec.  7.  Be  it  further  ordained,  That  a  special  tax  of  fifty 
dollars  be  and  the  same  is  hereby  levied  on  each  and  every  gas 
house  where  gas. is  manufactured  for  the  public  use. 

Sec.  8.  Be  it  further  ordained,  That  a  special  tax  of  fifty 
dollars  be  and  the  same  is  hereby  levied,  upon  the  press  and 
material  of  each  and  every  daily  newspaper;  thirty  dollars  opon 
each  tri- weekly  newspaper;  and  twenty  dollars  upon  every 
weekly  newspaper,  published  in  the  State;  Provided,  That 
when  daily,  tri- weekly  and  weekly  papers,  or  tri-weekly  and 
weekly,  are  published  at  the  same  office,  then,  and  in  that  case, 
fifty  dollars  for  the  daily,  or  thirty  dollars  for  the  tri-weekly,  as 
the  case  may  be,  shall  only  be  levied  and  collected. 

Sec.  9.  Be  it  further  ordained,  That  a  special  tax  of  twentj7- 
iive  dollars  be  and  the  same  is  hereby  levied,  upon  the  press 
and  material  of  each  and  every  job  printing  office  when  sepa- 
rate from  newspaper  or  publishing  establishments. 

Sec.  10.  Be  it  further  ordained,  That  a  special  tax  of  ten 
dollars  be  and  the  snme  is  hereby  levied,  upon  the  contents  of 
each  and  every  regularly  established  express  office  in  this  State, 

Sec.  11.  Be  it  further  ordained,  Thit  a  special  tax  of  ten 
dollars  be  and  the  same  is  hereby  levied,  upon  the  instruments 
and  material  of  each  and  every  telegraph  office  where  dispatches 
are  received  and  sent  ;  Provided,  That  this  section  shall  not 
apply  to  offices  used  exclusively  by  railroads  or  banking  estab- 
lishments. 

Sec.  12.  Be  it  further  ordained,  That  a  special  tax  of  two 
hundred  dollars  be  and  the  same  is  hereby  levied,  upon  the  New 
Orleans,  Jackson  and  Great  Northern  Railroad,  the  Vicksburg 
and  Meridian  Railroad,  to  be  collected  at  Jackson,  Mississippi; 
and  upon  the  Mississippi  Central  Railroad,  to  be  collected  at 
Canton,  Mississippi;  and  upon  the  Mobile  and  Ohio  Railroad, 
to  be  collected  at  Columbus,  Mississippi;  and  upon  the  Missis- 
sippi and  Tennessee  Railroad,  to  be  collected  at  Grenada,  Mis- 
sissippi. 

That  a  special  tax  of  fifty  dollars  is  hereby  levied,  upon  the 
Meridian  and  Selma  Railroad,  to  be  collected  at  Meridian , 
Mississippi. 

That  a  special  tax  of  fifty  dollars  be  assessed  on  the  Mem- 
phis and  Charleston  Railroad,  to  be  collected  at  Corinth,  Mis- 
sissippi. 

That  a  special  tax  of  fifty  dollars  be  and  the  same  is  hereby 
levied,  upon  the  West  Feliciana  Railroad,  to  be  collected  at 
Woodville,  Mississippi. 

That  a  special  tax  of  ten  dollars  is  hereby  levied,,  upon  the 


217 


Grand  Gulf  and  Port  Gibson  Railroad,  to  be  colledted  at  Port 
Gibson,  Mississippi. 

Sec.  13.  Be  it  further  ordained,  That  a  special  tax  of 
twent}7-five  dollars  be  and  the  same  is  hereby  levied  upon  each 
and  every  grist  mill,  and  upon  each  cotton  gin,  where  more 
than  fif\y  bales  of  cotton  were  ginned  for  the  public  during  the 
year  1867. 

Sec.  14.  Be  it  further  ordained,  That  a  special  tax  of  one- 
hundred  dollars  be  and  the  same  is  hereby  levied  upon  each 
and  every  steam  ferryboat  plying  to  or  from  any  point  on  the 
Mississippi  river  in  this  State;  a  tax  of  twenty-five  dollars  be 
and  the  same  is  hereby  levied  upon  all  chartered  ferries  in  the 
State;  and  a  tax  of  twenty-five  dollars  be  and  the  same  is  here- 
by levied  upon  each  toll  bridge  and  turnpike  where  toll  is 
collected  within  the  same. 

Sec.  15.  Be  it  f  urther  ordained,  That  a  special  tax  of  fifty 
cents  per  bale  be  and  the  same  is  hereby  levied  upon  each  and 
every  bale  of  cotton  now  in  store  at  any  point  in  the  State,  or 
that  may  be  received  by  any  forwarding  or  commission  mer- 
chant, or  other  person  upon  which  the  tax  has  not  been  paid 
levied  under  and  by  virture  of  this  ordinance:  Provided,  That 
any  person  having  cotton  in  possession  claiming  the  tax  to 
have  been  paid,  must  take  and  subscribe  an  oath  that  said  tax 
has  been  paid,  if  required  so  to  do  hy  the  Collector  herein 
provided  for. 

Sec.  16.  Be  it  further  ordained,  That  a  special  tax  of  ten 
dollars  be  and  the  same  is  hereby  levied  upon  each  and  every 
billiard  table,  in  use  in  this  State. 

Sec.  17.  Be  it  further  ordained,  That  a  special  tax  of  ten 
dollars  be  and  the  same  is  hereb}T  levied  upon  each  and  every 
photograph  gallery. 

Sec.  18.  Be  it  further  ordained,  That  if  any  railroad  com- 
pany or  steamboat  shall  take  on  board  within  this  State,  and 
transport  beyond  the  limits  thereof  an}T  cotton  in  bales,  know- 
ing the  tax  assessed  by  this  ordinance  to  remain  due  and 
unpaid,  said  railroad  company7  or  steamboat  shall  be  subject  to 
a  fine  of  one  hundred  dollars,  and  ten  dollars  per  bale  in  addi- 
tion upon  each  and  every  bale  so  transported ;  and  it  shall  be 
the  duty  of  the  Treasurer  of  this  Convention  to  commence  suit 
immediately  against  any  railroad  company  or  steamboat  so 
offending,  for  the  collection  of  said  fines,  said  suL  to  be 
brought  in  any  court  having  competent  jurisdiction,  and  may 
employ  counsel  to  prosecute  the  same. 

Sec.  19.  Be  it  further  ordained,  That  this  Convention, 
upon  the  recommendation  of  delegates  thereto  from  the  several 
counties,  shall  elect  or  appoint  the  necessary  number  of  Collec- 
tors, not  to  exceed  one  in  each  countj^,  who  shall,  before  enter- 
ing upon  the  duties  of  their  office,  take  and  subscribe  the 
oath  of  office,  provided  for  officers  of  the  United  States,  by 
Act  of  Congress,  elated  July  2,  1862,  which  oath  shall  be 
deposited  with  the  Treasurer  of  this  Convention;  Provided, 
That  said  Collectors  shall  receive,  in  full  compensation  for 


218 


their  services,  five  per  cent,  of  all  moneys  collected  by  them 
under  this  ordinance;  And  further,  That  all  Collectors  who 
accepted  their  appointments  under  the  ordinance  hereby 
repealed  shall  be  retained  as  Collectors  for  their  respective 
counties  under  this  ordinance. 

Sec.  20.  Be  it  further  ordained,  That  it  shall  be  the  duty 
of  the  Collectors  of  the  several  counties  to  collect  the  tax 
herein  provided  and  levied,  after  giving  one  clay's  previous 
notice  thereof  by  posting  conspicuously  over  the  county  a 
schedule  of  the  taxes  levied  by  this  ordinance,  and  the  day 
upon  which  he  will  proceed  to  collect  the  same;  and  in  default 
of  the  payment  of  the  tax  assessed  therein,  the  Tax  Collector 
shall  have  power  to  levy  upon,  and  sell,  to  the  highest  bidder, 
for  cash,  a  sufficient  amount  of  any  personal  property  belong- 
ing to  the  defaulting  party,  to  pay  the  amount  of  tax,  with 
cost  of  levy  and  sale;  Provided,  That  said  Collector  shall,  in 
such  case,  give  three  days'  previous  notice  of  the  time  and 
place  of  sale,  and  the  property  to  be  sold,  b}^  posting  notices 
thereof  in  five  public  places  in  the  county;  and  if  no  purchaser 
for  property  levied  upon  appear,  he  shall  ship  the  same  to 
some  point  where  it  can  be  sold  to  pay  the  tax;  Provided 
further,  That  where  notice  has  been  already  given  by  the  Tax 
Collectors  under  the  ordinance  herebj^  repealed,  the  Collector 
shall  proceed  to  collect  said  tax  without  further  or  additional 
notice,  and  in  default  of  payment,  shall  levy  and  sell  in  accord- 
ance with  this  ordinance. 

Sec.  21.  Be  it  further  ordained,  That  any  person  who  shall 
pay  tax  under  this  ordinance,  shall  be  entitled  to  ask  and 
receive  from  the  Collector  to  whom  he  may  have  paid  the  same, 
a  receipt  stating  the  amount  so  paid,  and  the  said  receipt  shall 
hereafter  be  received  by  any  Sheriff  or  other  Tax  Collector, 
when  presented  to  him,  for  all  taxes  now  due  the  State  or  that 
may  hereafter  become  due;  Provided,  That  said  receipt  shall 
be  transferable  and  receivable  from  any  person  who  may  hold 
the  same;  Provided  further,  That  the  Tax  Collector  under  this 
ordinance,  shall  be  paid  in  the  currency  of  the  United  States, 
except  as  herein  otherwise  provided. 

Sec.  22.  Be  it  further  ordained,  That  each  Tax  Collector 
shall,  at  the  end  of  every  five  days  (beginning  ten  days  after  the 
acceptance  of  his  appointment),  transmit  to  the  Treasurer  of 
this  Convention  the  amount  of  moneys  so  collected,  with  a 
statement  of  the  names  of  persons  from  whom  collected,  the 
amount  each  one  has  paid,  and  when  the  tax  is  all  collected, 
said  Collectors  shall  forward  to  said  Treasurer  a  final  statement 
of  the  money  so  collected,  together  with  an  affidavit  that  said 
statement  contains  a  true  and  correct  exhibit  of  all  moneys 
collected  by  him  under  the  provisions  of  this  ordinance;  Pro- 
vided, That  the  moneys  herein  directed  to  be  sent  to  the  Treas- 
urer, shall  in  all  cases  be  forwarded  through  the  nearest  ex- 
press office,  and  that  each  Collector  shall  be  reimbursed  for  his 
actual  expenses  incurred  in  transmitting  said  funds  to  the 
Treasurer;  Provided  further,  That  when  there  is  no  express 


219 


office  in  the  county,  then  and  in  that  case,  the  Collector  shall 
only  be  required  to  make  returns  as  herein  provided,  once  in 
every  ten.  instead  of  five  days:  Provided  further.  That  any 
person  or  persons  who  shall  have  paid  any  tax  under  the  ordi- 
nance hereby  repealed.shall  be  exempt  from  payment  under  this 
ordinance. 

>ec.  23.  Be  it  further  ordained.  That  Collectors  herein  provid- 
ed for,  shall  have  power  to  administer  an  oath  to  any  person 
or  persons  as  to  his  or  their  valuation  of  stock  on  hand,  and  to 
examine  ail  books  and  papers  of  merchants  and  others,  in 
order  to  carry  out  the  provisions  of  sections  one  and  thir- 
teen of  this  ordinance,  and  if  any  person  shall  refuse  to  take 
such  oath,  or  if  the  Collector  shall  be  dissatisfied  as  to  the 
statement  of  value  of  stock  on  hand,  he  shall  have  power  ro 
assess  and  collect  from  every  such  person  what  he  shall  deem 
to  be  right  and  just. 

Sec.  24.  Be  it  f  urther  ordained.  That  the  Treasurer  heretofore 
elected  by  this  Convention  shall  continue  in  office  during  its  ses- 
sion and  such  further  time  as  may  be  necessary  to  carry  out  the 
provisions  of  this  ordinance.  He  shall  receive  the  same  eoni- 
pensation  as  members  of  this  Convention:  and  it  shall  be  his 
duty  to  provide  all  blank  notices  and  receipts  necessary  to 
carry  out  the  provisions  of  this  ordinance,  and  forward  the 
same  to  the  several  Collectors.  He  shall  also  tile  a  bond  with 
the  President  or  the  Convention,  to  be  approved  by  him.  in  the 
sum  of  thirty  thousand  dollars  for  the  faithful  performance  of 
his  duties. 

Sec.  25.  Be  it  f  urther  ordained.  That  the  office  of  the  Treas- 
urer shall  be  in  the  State  House,  in  the  city  of  Jackson,  and 
shall  be  kept  open  from  9  o'clock  a.  m..  until  -4  o'clock  p.  m., 
each  day  (Sundays  excepted). 

Sec.  26.  Be  it  f  urther  ordained.  That  the*  Treasurer  shall 
receive  and  disburse  all  moneys  collected  under,  and  by  virtue 
of  this  ordinance;  Provided,  That  no  disbursement  shall  be 
made,  except  on  warrants  signed  by  the  President  and  counter- 
signed by  the  Secretary.  He  shall,  as  often  as  may  be  deemed 
necessary  by  this  Convention,  furnish  a  detailed  statement  of 
all  moneys  received  and  disbursed  by  him  in  accordance  with 
this  ordinance,  and  all  books  and  papers  appertaining  to  his 
office,  shall,  at  all  times,  be  open  to  the  inspection  of  the  Fi- 
nance, or  other  committee,  specially  appointed  by  the  Conven- 
tion for  that  purpose. 

Sec.  27.  Be  it  further  ordained.  That  all  moneys  remaining 
in  the  treasury  after  paying  the  expenses  of  this  Convention, 
shall  be  invested  in  United  States  securities  at  the  market  value, 
which  securities  shall  be  held  subject  to  the  order  of  the  next 
Legislature  at  its  first  meeting;  Provided.  If  this  Convention 
shall  be  again  called  together,  in  that  case  the  securities  shall 
lie  held  subject  to  the  order  of  the  Convention. 

Sec.  2S.  Be  it  further  ordained.  That  any  Collector  or  Treas- 
urer appointed  by  this  Convention  who  shall  embezzle  or  fraud- 
ulently use,  loan,  convert  or  attempt  to  convert  any  of  the  said 


220 


funds  herein  authorized  to  be  collected,  to  his  own  use,  or  ap- 
ply them  in  any  manner  not  herein  provided  for,  shall  be 
deemed  guilty  of  embezzlement,  and  shall  be  prosecuted  in  any 
court  in  this  State  having  competent  jurisdiction,  and  upon 
conviction,  shall  be  fined  and  imprisoned  as  now  provided  for 
by  law  in  case  of  State  and  county  officers. 

Sec.  29.  Be  it  f  urther  ordained,  That  a  special  tax  of  fifty 
per  cent,  on  the  State  tax  be,  and  the  same  is  hereby  levied  in 
addition  to  the  State  tax  now  assessed  upon  the  real  and  per- 
sonal property  in  the  State,  for  the  }Tear  1867,  and  that  the 
amount  shall  be  added  to  the  taxes  for  said  year. 

Sec.  30.  Be  it  f  urther  ordained,  That  it  shall  be  the  duty  of 
the  Sheriffs  of  the  several  counties  to  add  to  the  assessment 
rolls  for  1867,  the  per  cent,  herein  authorized,  and  collect  the 
same  with  said  taxes  according  to  the  laws  now  in  force  in  this 
State  for  the  collection  of  taxes,  and  they  shall  receive  the 
same  compensation  for  said  services  as  now  provided  by  law. 

Sec.  31.  Be  it  further  ordained,  That  the  warrants  issued 
by  this  Convention  as  well  as  the  receipts  of  all  Tax  Collectors 
herein  authorized,  shall  be  received  by  the  Sheriffs  in  payment 
of  said  tax,  and  also,  all  other  taxes  now  due  this  State. 

Sec.  32.  Be  it  f  urther  ordained,  That  the  Sheriffs  of  the 
several  counties  shall  make  separate  returns  to  the  State  Audi- 
tor and  Treasurer  as  now  required  by  law  of  all  taxes  collected 
by  them  under  this  ordinance. 

Sec  33.  Be  it  further  ordained,  That  the  State  Treasurer 
shall  receive  from  the  Sheriffs  of  the  several  counties  the 
amount  of  taxes  collected  by  them  under  this  ordinance,  and 
shall  pay  the  same  out,  only  upon  the  warrants  issued  by  this 
Convention,  until  the  meeting  of  the  first  Legislature  after  the 
adoption  of  the  Constitution  to  be  framed  by  this  Convention, 
and  then  only  as  said  Legislature  may  direct. 

Sec.  34.  Be  it  further  ordained,  That  no  warrants  shall  be 
received  by  the  Sheriffs  of  the  several  counties  in  payment  of 
this  tax,  except  those  herein  provided  for. 

Sec  35.  Be  it  further  ordained,  That  it  shall  be  the  duty  of 
the  Auditor  of  this  Convention,  at  the  time  of  its  adjournment, 
to  furnish  to  the  Treasurer  of  the  State  the  number  of  war- 
rants issued  by  this  Convention,  the  number  outstanding,  to 
whom  issued,  and  the  amount  of  each. 

Sec  36.  Be  it  further  ordained,  That  the  Collectors  ap- 
pointed under  and  b}^  virtue  of  this  ordinance,  and  the  ordi- 
nance hereby  repealed,  shall,  within  ten  days  after  entering 
upon  their  duties,  execute  to  the  Treasurer  of  this  Convention, 
and  to  be  approved  by  him,  a  bond  with  two  or  more  sureties 
in  the  sum  of  two  thousand  dollars,  conditioned  for  the  faith- 
ful discharge  of  their  duties  and  to  render  full,  true,  and  cor- 
rect returns  of  all  moneys  collected  under  and  by  virtue  of 
this  ordinance. 

Sec  37.  Be  it  f  urther  ordained,  That  an  ordinance  provid- 
ing for  the  levy  and  collection  of  a  tax  to  defray  the  expenses 
of  the  Constitutional  Conventional  of  the  State  of  Mississippi, 
adopted  Jan.  24,  A.  D.  1868,  be  and  the  same  is  hereby  repealed.. 


221 


Mr.  Stiles  moved  to  receive  the  report,  and  that  it  lie  over 
under  the  rules; 

Which  was  laid  on  the  table. 

Mr.  McKee  moved  it  be  received,  and  that  the  rules  be  sus- 
pended so  that  the  ordinance  be  read  a  second  time. 

Mr.  Herbert  moved  the  previous  question,  which  was  sus- 
tained, the  rules  were  suspended,  and  the  ordinance  passed  the 
second  reading. 

Mr.  Castello  moved  to  suspend  the  rules,  and  put  the  ordi- 
nance on  its  third  reading  by  its  title,  and  on  that  motion, 
moved  the  previous  question. 

Mr.  Townsend  called  for  the  yeas  and  nays. 

The  Chair  decided  that  after  the  previous  question  was 
ordered,  and  having  been  put  to  the  Convention,  the  yeas  and 
nays  could  not  be  called. 

Mr.  Townsend  appealed  from  the  decision  of  the  Chair,  and 
the  Chair  was  sustained,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Beam, 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chap- 
pell,  Clarke,  Cunningham,  Dowd,  Drane,  Elliott  John,  Elliott 
James,  Fitzhugh,  Gibbs,  Gray,  Handy,  Herbert,  Holland,  Howe, 
Hutto,  Jacobs,  Jamison,  Johnson  A.,  Jones,  Lawson,  Leas, 
Leonard,  Mayson,  Moore,  Mj-ers,  Mygatt,  McKee,  McKnight, 
Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A., 
Quinn,  Railsback,  Rainey,  Richardson,  Smith,  Stewart,  Stites, 
Stringer,  Toy,  Vaughan,  Warren,  Weir,  Woodmansee,  Yeo- 
man— 58. 

Nats — Messrs.  Combash,  Compton,  Con  ley,  Dalton,  Gaither, 
Goss,  Hauser,  Hemmingway,  Johnson  S.,  Lack,  Mask,  Mus- 
grove,  Montgomery,  Merryman,  McCutchen,  Neilson,  Nelms, 
Orr,  Phillips,  Stovall,  Stricklin,  Stiles,  Townsend,  Walker, 
Watson— 25. 

And  the  motion  to  suspend  the  rules  to  proceed  to  a  third 
reading  was  carried. 

And  the  ordinance  passed  the  third  reading,  by  the  follow- 
ing vote: 

Yeas — Messrs.  Alderson,  Barry,  Beam,  Bonney,  Bridges. 
Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Com- 
bash, Cunningham,  Drane,  Elliott  John,  Elliott  James,  Fitz- 
hugh, Gibbs,  Handy,  Herbert,  Holland,  Jacobs,  Jamison,  John- 
son A.,  Lawson,  Leas,  Leonard,  Mayson,  Moore,  Myers.  My- 
gatt, McKee,  McKnight,  Parsons  F.,  Peyton  E.  A.,  Quinn. 
Railsback,  Rainey,  Smith,  Stewart,  Stites,  Stringer,  Toy, 
Vaughan,  Warren,  Weir,  Woodmansee,  Yeoman — 49. 

Nays — Messrs.  Alcorn,  Compton,  Conley,  Dalton,  Dowd, 
Gaither,  Goss,  Gray,  Hauser,  Hemmingway,  Howe,  Hutto. 
Johnson  S.,  Jones,  Lack,  Mask,  Musgrove,  Montgomery,  Mc- 
Cutchen, Neilson,  Nelms,  Newsom,  Orr,  Ozanne,  Phillips, 
Richardson,  Stovall,  Stites,  Townsend,  Walker,  Watson — 31. 

On  motion  of  Mr.  Parsons,  the  rules  were  suspended  to 
present  the  following  resolution  : 

Hesolved,  That  the  Secretary  of  this  Convention  be  directed 


222 


to  forward  an  authenticated  copy  of  the  tax  bill  just  passed  by 
this  convention,  to  Brevet  Major  General  Gillem,  commanding 
this  District,  and  that  Gen.  Gillem  be  requested  to  issue  an 
order  forbidding  the  interference  of  any  court  of  this  State 
with  the  collection  of  said  tax,  and  directing  the  payment  of 
the  same. 

Mr.  Orr moved  to  amend,  as  follows: 

And  that  the  manuscript  copy  of  the  report  of  the  commit- 
tee on  Finance  be  referred  to  the  General  Commanding  the 
Fourth  Military  District,  through  a  committee  of  two,  to  be 
appointed  by  the  President,  in  order  to  ascertain  whether  or 
not  the  same  will  be  enforced  by  the  General  Commanding  the 
District. 

Mr.  Orr  moved  the  previous  question ; 

And  the  resolution  was  adopted,  as  amended. 

Leave  of  absence  was  granted  the  Secretary,  until  Monday; 
to  Mr.  Dowd,  for  10  days;  to  Mr.  Kerr,  for  5  days;  to  Mr. 
Longmire,  for  5  days. 

Mr.  McKee  moved  to  adjourn; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Beam,  Castello,  Chappell, 
Combash,  Compton,  Cunningham,  Dalton,  Dowd,  Drane,  Elliott 
John,  Elliott  James,  Gaither,  Gibbs,  Goss,  Gra}r,  Handy,  Hau- 
ser,  Flemmingway,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison, 
Johnson  S.,  Jones,  Lack,  Lawson,  Leonard,  Mayson,  Mask, 
Musgrove,  Montgomery,  Moore,  Myers,  Mygatt,  McCutchen, 
McKee,  McKnight,  Neilson,  Nelms,  Newsom,  Orr,  Ozanne, 
Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Phillips,  Quinn,  Rails- 
back,  Rainey,  Richardson,  Smith,  Stewart,  Stiles,  Stovall, 
Stricklin,  Stringer,  Stites,  Toy,  Vaughan,  Walker,  Watson, 
Woodman  see,  and  Yeoman — 65. 

Nays — Messrs.  Barry,  Bonnej^,  Bridges,  Brinson,  Caldwell, 
Chapman,  Clarke,  Fitzhugh,  Holland,  Johnson  A.,  Weir — 10. 

The  Convention  adjourned  until  to-morrow  morning  at  10 
o'clock. 

T.  P.  Sears, 
Secretary. 


THIRTY-NINTH  DAY. 

Jackson,  Miss.,  Thursday,  February  20th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 


Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges.  Brinson,  Caldwell,  Castello,  Chappell, 
Clarke,  Combash,  Conley,  Dalton,  Dowd,  Elliott  James,  Elliott 
John,  Fawn,  Field,  Fitzhugh,  Gaither,  Gibbs,  Gray,  Handy, 
Hauser,  Hemmingway.  Herbert,  Holland,  Howe,  Hutto,  Jacobs, 
Jamison,  Johnson  S.,  Johnson  A.,  Jones.  Lack,  Lawson,  Leas, 
Leonard,  Mayson,  Mask,  Musgrove,  Montgomery,  Merryman, 
Moore,  MeKnight,  Myers,  Mygatt,  McKee,  Neilson,  Nesbitt, 
Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  P.,  Peyton,  Phillips, 
Qninn,  Eailsback,  Rainey,  Richardson,  Smith,  Stewart,  Stites, 
Stovall,  Stringer,  Stiles,  Toy,  Vaughan,  Watson,  Warren,  Weir. 
Woodmansee,  and  Yeoman — 77. 

The  following  delegates  weie  absent: 

Messrs.  Collins,  Compton,  Cunningham,  Goss,  Kerr,  Long- 
mire.  Miles,  Morgan,  Orr,  Peyton  E.  G.,  Powell,  Stricklin, 
Townsend,  Walker,  and  Williams — 17. 

Journal  of  yesterday  read  and  approved. 

Leave  of  absence  was  granted  to  Mr.  Compton,  for  one  day. 
and  delegates  who  wished  to  attend  a  Convention  now  in  ses- 
sion in  this  city. 

A  communication  was  received  from  the  General  Command- 
ing the  Fourth  Military  District,  in  reference  to  destitution  in 
certain  portions  of  the  State,  and  by  direction  of  the  Conven- 
tion, ordered  to  be  spread  upon  the  printed  proceedings  of  the 
Convention;  and  reads  as  follows: 

Head  Quarters,  4th  Military  DisTRiCT,! 

Mississippi  axd  Arkansas,  r 
Vicksburg,  Miss.,  Feb.  15,  1868.) 

Hon.  B.  B.  Eggleston,   President  Mississippi  Constitutional 
Convent  ifrn ,  J  a  ckson .  Miss. : 

Sir — I  am  directed  by  the  General  Commanding  to  acknowl- 
edge the  receipt  of  a  copy  of  a  report  of  the  committeee  of  the 
Mississippi  Constitutional  Convention  on  Destitution,  adopted 
by  your  Convention  February  4.  186S.  and  also  a  copy  of  a 
resolution  by  your  Convention,  requesting  Bvt.  Major  General 
Gillem  to  carry  out  the  plan  of  relief  recommended  in  said 
report,  or  "  some  other  similar  one."  and  in  reply,  to  inform  you 
that  he  is  aware  that,  by  the  failure  of  the  crops  and  the 
reduced  price  of  cotton — the  principal  staple  cultivated  in  some 
sections  of  this  State — man}'  landholders  will  be  compelled  to 
plant  on  a  more  limited  scale  this  year  than  was  done  last,  and 
that  there  is  much  destitution,  and  perhaps  some  suffering, 
among  the  laboring  classes.  But.  after  a  careful  investigation 
by  competent  and  reliable  officers  and  agents,  the  General  Com- 
manding is  satisfied  that  the  estimate  of  your  committee,  which 
places  the  number  of  those  actually  suffering  at  thirty  thousand, 
is  much  too  great. 

The  subject  of  destitution  has  received  the  most  careful  con- 
sideration of  the  Commanding  General,  not  only  in  his  capacity 


224 


as  District  Commander,  but  also  as  Assistant  Commissioner  of 
the  Bureau  of  Refugees,  Freedmen  and  Abandoned  Lands;  and 
measures  which,  it  is  believed,  will  relieve  all  who  are  actually 
suffering,  have  been  adopted.  To  this  end  the  officers  and 
agents  of  the  Bureau  of  Refugees,  Freedmen  and  Abandoned 
Lands  have  been  instructed  to  procure  labor  for  all  such  as  are 
able  and  willing  to  earn  a  support.  The  aged  and  decrepit  and 
orphan  children  will  be  cared  for  in  hospitals  and  asylums. 

It  will  be  seen  from  the  accompanying  reports  that  the  de- 
mand for  labor  exceeds  the  supply.  While  this  is  the  case,  it 
is  not  believed  that  any  great  degree  of  suffering  can  exist 
among  the  laboring  classes.  It  will  be  seen  from  the  accom- 
panying order  that  transportation  is  furnished  to  laborers 
unable  to  procure  employment  to  points  where  their  services 
are  in  demand.  It  may  not  be  out  of  place  to  remark  here 
that  at  this  time  letters  are  constantly  received  requesting  aid 
in  hiring  laborers;  and  five  hundred  laborers  and  their  fami- 
lies could  this  clay  secure  employment  at  the  office  of  the  Sub- 
Assistant  Commissioner  of  the  Bureau  in  this  city. 

The  General  commanding  desires  further  to  assure  the  Con- 
vention that  he  will  take  every  precaution  to  prevent  suffering, 
and  that  he  believes  with  the  means  at  his  disposal,  he  will  be 
able  to  accomplish  this. 

With  these  convictions  the  Commanding  General  deems  it 
inexpedient  to  divert  so  large  an  amount  of  the  revenue  of  this 
State  as  that  derived  from  the  poll-tax,  to  the  subject  specified 
in  your  resolution. 

The  attention  of  the  Convention  is  called  to  the  fact  that 
there  are  no  funds  in  the  State  Treasury,  and  that  the  State 
Prison  and  Lunatic  Asjdum,  are  now  supported  at  the  expense 
of  the  United  States. 

The  Commanding  General,  therefore,  declines  .to  authorize 
the  Sheriffs  to  dispose  of  the  funds  derived  from  the  poll-tax, 
as  recommended  by  the  Convention. 

I  am,  Sir,  very  respectfully, 

Your  obedient  servant, 

John  Tyler, 

1st  Lt.  I'M  Infantry,  Bvt.  Maj.  U.  S.  A.,  A.  A.  A.  G. 


General — I  write  these  few  lines  to  inform  you  partially  of 
the  state  of  affairs  at  Greenville,  as  we  found  them. 

The  amount  and  generality  of  the  destitute  has  been  very 
much  exaggerated,  even  in  Washington  county,  and  I  have  no 
doubt  that  is  the  poorest  county  in  the  State  to-day,  as  far  as 
their  ability  to  provide  for  the  destitute  is  concerned.  There 
were  from  12,000  to  13,030  freed  people  in  that  county  during 
the  past  year,  and  it  is  estimated  that  not  more  than  half  can 
be  employed  during  the  coming  season. 

In  the  vicinity  of  Greenville,  I  found  several  families,  num- 


On  Board  Steamer  Kate  Kinney, 
Near  Friar's  Point,  Miss.,  January  13,  1868. 


225 


bering  in  all  some  sixty  or  seventy  persons,  houseless,  and 
with  only  sufficient  food  to  keep  them  for  two  or  three  days  at 
the  farthest.  They  had  been  recently  turned  out  of  the  cabins 
they  occupied  last  year,  without  means  of  any  description. 
There  are  a  great  many  similar  cases  throughout  the  county. 
They  state  that  they  have  endeavored  to  get  work,  but  without 
success.  In  view  of  these  facts,  and  knowing  it  to  be  your 
intention  to  provide,  in  some  manner,  for  the  absolutely  desti- 
tute, I  authorized  Mr.  Preass,  the  agent,  to  make  such  purchases 
of  corn  and  meat  as  may  be  necessary  to  prevent  starvation, 
until  he  receives  definite  instructions  from  your  office. 

I  would  respectfully  recommend  that  a  detachment  of  twenty 
men  be  sent  to  Greenville  (cavalry,  if  possible),  in  order  to 
enforce  the  orders  of  the  Bureau,  and  for  the  general  enforce- 
ment of  order.  I  recommend  this  on  account  of  the  uncer- 
tainty of  the  mails  to  that  point,  and  the  general  uncertainty  of 
communicating  with  headquarters  in  case  of  difficulty. 

I  do  not  anticipate  any  trouble,  although  some  of  the  people 
fear  it  on  account  of  the  generally  expressed  determination  on 
the  part  of  the  planters  to  eject  all  freedmen  from  their  lands, 
except  those  the}'  employ  for  the  coming  year. 

^  #  %  #  #  3r  * 

I  would  state  that  I  believe  there  is  a  combination  on  the 
part  of  a  great  many  planters  to  hold  off  in  respect  to  hiring 
laborers,  expecting  the  Government  to  compel  them  to  work, 
and  thereby  be  enabled  to  get  them  for  their  food  and  clothing 
alone. 

The  order  upon  that  subject  is  frequently  quoted,  and  I  be- 
lieve many  of  them  are  endeavoring  to  create  a  false  impression 
as  to  their  resources  and  their  ability  to  cultivate  their  places, 

Very  respectfully, 

Your  obedient  servant, 
[Signed]  N.  R,  Williams, 

Lieutenant,  and  A.  I.  G. 
A -true  copy:  Merkitt  Barber, 

First  Lieut.  3±th  Lnf.,  A.  A.  A.  G. 

Bureau  Refugees,  Freedmen  and  Abandoned  Lands,  ) 
Office  Ass't  Commissioner  for  State  of  Mississippi,  v 
Vicksburg,  Miss.,  Januaiy  25,  1868.  ) 

Circular  No.  1.] 

An  impression  seems  to  prevail  among  many  persons  in  this 
State,  that  the  Government  intends  to  advance  supplies  or 
inoney  to  planters  to  aid  them  in  cultivating  their  lands  this 
year.  Such  impression  is  erroneous.  The  Government  will 
issue  supplies  only  to  such  as  are  in  actual  want,  and  only  in 
such  quantities  as  may  be  necessary  to  prevent  absolute  suffer- 
ing, and  all  those  who  apply  for  assistance  will  be  considered 
as  placing  themselves  at  the  disposal  of  the  Assistant  Commis- 
sioner, to  be  sent  to  such  places  as  employment  can  be  procured 
for  them. 
C— 15 


226 


All  freedmen  who  are  laboring  under  the  delusion  that  lands 
will  be  furnished  them  by  confiscation  or  otherwise,  are  warned 
that  this  is  a  mistaken  idea.  The  only  way  in  which  they  can 
obtain  land  is  by  purchase,  like  other  people,  or  by  locating 
upon  the  public  domain.  Officers  and  agents  of  the  Bureau 
are  directed  to  use  every  means  in  their  power  to  procure 
situations  for  laborers  on  the  best  terms,  and  at  points  as  con- 
venient to  their  stations  as  possible.  Those  desiring  laborers, 
and  laborers  desiring  situations,  are  requested  to  communicate 
with  this  office,  or  with  the  nearest  officer  or  agent  of  the  Bu- 
reau, with  a  view  to  procuring  employment. 

In  connection  with  this  subject,  the  Assistant  Commissioner 
for  the  State  of  Mississippi,  feels  it  incumbent  upon  him  to 
again  urge  those  engaged  in  agricultural  pursuits  to  devote 
more  land  and  labor  to  the  production  of  corn  and  wheat. 
Had  his  suggestions  on  this  subject  been  heeded  last  year, 
instead  of  threatened  famine,  there  would  have  been  a  large 
amount  of  breadstuff's  for  export. 

The  present  destitution  should  serve  as  a  warning.  Let 
every  planter  determine  to  plant  a  large  area  in  corn ;  be  as- 
sured where  corn  is  abundant,  meat  will  not  be  be  scarce. 

By  order  of  Brevet  Major  General : 

Alvin  C.  Gillem, 
A ssisista nt  G ommissisner. 
Merritt  Barber, 
Lieut,  teth  XT.  S.  L,  A.  A.  A.  G. 

Vicksburo,  Miss.,  Januaiy  18,  1868. 
Lieut.  M.  Barber,  A.  A.  A.  G.,  Bureau  Refugees,  Freedmen 
and  Abandoned  Lands,  State  of  Mississippi: 

Lieutenant — I  have  the  honor  to  report  the  condition  of 
affairs  in  the  counties  bordering  on  the  the  Yazoo  river,  as  far  as 
came  under  my  observation,  on  a  tour  of  investigation  in  that 
section,  during  the  past  week. 

The  freedmen  are  in  a  destitute  condition,  mainly  because 
they  will  not  hire  out  to  farmers  and  planters — a  great  number 
of  the  latter  requiring  their  services.  The  reasons  assigned  for 
this  are  that  the  wages  offered  are  too  low,  being  about  one- 
third  of  the  compensation  given  last  year.  Also,  they  (the 
freedmen),  insist  that  upon  the  adjournment  of  the  Conven- 
tion, at  Jackson,  the  lands  in  this  State  will  be  divided  out 
amongst  them,  and  that  they  can  live  until  then. 

My  belief  is  that  if  the  freedmen  will  work,  they  can  find 
employment,  food,  and  clothing  for  the  present  year. 

I  saw  no  destitution  among  the  planters  or  people  generally, 
and  believe  that  the  many  reports  of  such  existing,  are  greatly 
exaggerated. 

I  am,  Sir,  very  respectfully, 

Your  obediet  servant, 
[Signed]  J.  W.  Scully, 

Brvt.  Col.  and  A.  Q.  31.,  Inspector  General. 
A  true  copy :  Merritt  Barber, 

1st  Lieut.  Mth  Inf.,  A.  A.  A.  G. 


227 


Vicksburg,  Miss.,  February  12th,  186S. 

To  the  Assistant  Commissioner  Bureau  B.  F.  and  A.  Z.,  State 
of  Mississippi: 

Sir — In  compliance  with  your  orders  of  the  3d  instant,  I  pro- 
ceeded to  Grenada,  Miss.,  and  investigated  the  condition  of 
affairs  in  that  sub-district.  As  a  general  thing,  the  freedmen 
have  entered  into  contracts  for  the  present  season,  although  I 
found  more  idlers  and  dissatisfaction  among  the  laborers  there 
than  at  any  other  point  on  my  route.  This  is  not  due,  how- 
ever, to  any  lack  of  employment,  for  I  was  informed  of  several 
persons  from  Tennessee  and  points  in  Mississippi,  having 
visited  Grenada  for  the  purpose  of  procuring  laborers,  and 
offering  excellent  terms,  without  being  able  to  secure  a  single 
hand. 

The  sub-Assistant  Commissioner  in  charge,  reports  some 
destitution  among  the  old  and  infirm,  and  among  some  women 
and  children,  who  have  been  deserted  by  their  husbands  and 
fathers.  There  is  a  considerable  number  of  the  latter  class 
reported  in  the  vicinity  of  Grenada,  The  duties  of  the  office 
have  confined  the  officer  in  charge  so  closely  to  his  office  that 
but  little  attention  is  given  to  the  matter  of  establishing 
schools  in  the  sub-district.  He  reports  that  by  proper  en- 
couragement, a  number  of  schools  might  be  established  at 
various  points,  and  good  results  obtained. 

From  Grenada  I  proceeded  to  the  sub-district  of  Panola,  and 
found  matters  in  that  and  the  late  sub-district  of  Hernando,  in 
a  \ery  satisfactory  condition  indeed.  That  section  of  the 
State  being  exceedingly  fertile,  a  good  crop  has  been  realized, 
and  laborers  have  very  satisfactory  returns  for  the  past  year's 
labor. 

The  vigorous  action  of  the  agent  in  charge,  during  his  short 
term  of  service  at  Panola,  has  procured  a  settlement  of  nearly 
every  case  in  controversy,  and  I  was  pleased  to  find  that  he  has 
gained  the  confidence  and  respect  of  whites  and  blacks  equally; 
a  very  marked  difference  from  the  feeling  entertained  towards 
his  predecessor,  who  was  universally  disliked  by  the  one,  and 
suspected,  by  the  other  is  preceptible. 

The  laborers  have  all  entered  into  contracts  for  the  presnt 
}Tear,  and  the  agent  in  charge  has  applications  for  a  large  num- 
ber of  hands,  whom  it  is  impracticable  for  him  to  furnish. 
There  is  no  destitution  or  necessity  for  aid  to  be  furnished  to 
any,  except  perhaps,  to  a  few  orphan  children,  whom  I  directed 
the  agent  to  visit,  and  make  report  and  recommendation 
of  such  action  as  the  circumstances  of  their  condition  might 
warrant. 

One  very  flourishing  school  is  in  operation,  and  Mr.  Lathrop 
is  making  arrangements  to  open  another  in  Sardis,  and  is  ne- 
gotiating the  sale  to  trustees  of  a  church  at  Panola,  for  school 
purposes. 

From  Panola  I  proceeded  to  Holly  Springs,  delaying  at 
Memphis  for  a  day  and  a  half,  being  misinformed  as  to  the 
connection  of  the  trains. 


228 


At  Holly  Springs,  as  at  Panola,  I  found  eveiything  in  a  very 
satisfactory  condition  The  laborers  are  settled  with  for  their 
past  year's  labor;  they  have  made  good  crops,  and  having  con- 
versed with  freedmen  at  every  station  through  the  sub-district, 
I  could  not  hear  of  an  instance  of  destitution.  All  have  con- 
tracts for  the  coming  season,  and  the  sub-Assistant  Commis- 
sioner has  applications  for  several  laborers  that  he  cannot  fur- 
nish. Two  schools  have  been  established  recently,  and  several 
more  are  in  contemplation. 

I  would  respectfully  call  the  attention  of  the  Assistant  Com- 
missioner to  the  universal  dissatisfaction  at  the  delay  in  paying 
the  expenses  of  schools  in  this  District.  I  took  occasion  to 
urge  upon  all  with  whom  I  conversed,  the  importance  of  zeal- 
ously encouraging  educational  interests;  but  it  was  objected 
that  the  assistance  offered  hy  the  Bureau  was  so  dilatory,  and 
the  method  of  obtaining  it  so  imperfectly  understood,  that 
if  a  more  simple  and  healthy  system  could  be  devised,  a  very 
marked  improvement  in  this  particular  might  be  obtained, 

With  reference  to  the  school  of  Mrs.  Gill  which  I  was  direct- 
ed to  visit,  as  it  was  not  in  session  when  I  was  at  Holly  Springs, 
it  was  not  practicable  to  comply  with  the  instructions.  From 
conversation  with  those  informed,  I  learned  that  it  is  in  a 
very  nourishing  condition,  although  the  average  attendance 
for  the  past  month,  owing  to  the  cold  weather,  decreased  to 
ninety  from  one  hundred  and  twenty  the  month  previous. 
The  school  building  recently  erected  by  Mrs.  Gill,  and  for 
which  aid  is  asked  from  the  Bureau,  is  erected  in  the  yard  of 
Mrs.  Gill's  residence,  and  cost  $515.  Three  hundred  dollars  of 
this  money  was  contributed  by  parties  at  the  North,  one  hun- 
dred of  which  was  lost  by  Mrs.  Gill,  leaving  the  sum  of  $315, 
which  the  Bureau  is  requested  to  pay. 

The  land  on  which  the  building  is  located  is  not  deeded  to 
trustees,  and  Mrs.  Gill  informed  me  that  she  wTould  not  have  it 
so  deeded.  Its  location  is  very  near  the  lots  confiscated  as 
property  of  the  late  rebel  government,  and  -  I  asked  if  she 
would  permit  the  building  to  be  moved  on  to  one  of  those  lots 
upon  repa}'ment  to  her  of  the  private  funds  advaced  by  her,  to 
which  she  replied  in  the  negative.  The  lots  in  possession  of 
the  Bureau  are  as  convenient  and  as  well  adapted  to  school 
purposes  as  the  one  upon  which  this  house  is  erected,  and  I 
think  a  better  house  than  this  can  be  erected  thereon  for  one 
half  what  Mrs.  Gill  says  this  one  cost. 

Major  Power  informed  me  that  he  has  reason  to  believe,  and 
does  believe  that  the  returns  of  the  teachers  of  this  school, 
of  the  amounts  received  from  the  pupils,  are  not  correct,  and 
that  very  much  larger  amounts  are  received  than  are  reported, 
I  have  the  honor  to  be,  Sir, 

Very  respectfully, 

Your  obed't  serv't, 

[Signed]  Merritt  Barber, 

First  Lieut.  Mth  U.  S.  Inf. 
A  true  copy:  Merritt  Barber, 

First  Lieut  ZUh  U.  8.  Inf. 


229 


The  President  appointed  Willis  Rank  and  Geo.  Sanderson 
as  Pages  in  place  of  the  two  discharged  yesterday. 

The  Sergeant-at-Arms  presented  the  following  as  an  expla- 
nation, and  asked  that  the  same  be  spread  upon  the  Journal: 

To  the  President  and  Gentlemen  of  the  Convention  : 

I  beg  leave  to  make  the  following  personal  explanation :  In 
recommending  the  discharge  of  the  Pages,  Erasmus  Davidson 
and  Win,  Salmon,  on  yesterday,  I  only  did  what  I  have  been 
frequently  asked  to  clo  by  members  and  officers  of  the  Conven- 
tion on  both  sides  of  the  house,  and  I  take  this  opportunity  to 
beg  the  pardon  of  those  members  and  officers  for  not  comply- 
ing with  their  request  sooner.  My  excuse  for  not  doing  so  is, 
that  I  hoped  the  boys  would  heed  my  frequent  warnings  and 
would  reform..  The  reason  why  myself  and  others  thought 
they  merited  discharge  was  a  long  continued  dereliction  of 
duty  on  their  part,  a  frequent  use  of  profane  and  vulgar  lan- 
guage on  the  floor  of  this  hall,  and  smoking,  contrary  to  the 
rules  of  the  Convention  during  the  sitting  of  the  same.  The 
two  latter  charges  only  apply  to  William. 

I  would  further  state  that  in  handing  their  names  to  the 
President,  I  did  it  in  obedience  to  his  request,  made  publicly 
in  open  Convention  the  day  previous,  and  I  only  wrote,  very 
informally,  that  I  thought  they  merited  discharge;  that  the 
President  might  see  why  I  had  handed  him  the  names,  and 
also  understand  that  I  agreed  with  him  on  the  point  of  merit. 

I  beg  leave  further  to  state  that  it  never  occurred  to  me  to 
charge  any  man  with  that  depth  of  degradation  which  would 
permit  him  to  persecute  children  for  their  political  sentiments, 
but  am  forced  to  the  conclusion,  by  the  readiness  with  which 
certain  gentlemen  make  such  charges  against  me,  that  they 
themselves  have  fallen  so  low,  and  have  "  measured  my  corn  in 
their  half  busheL" 

Very  respectfully, 

Nelson  G.  Gill, 

Sergeant-at-Arms. 
The  communication  was  received,  and  the  request  that  it  be 
spread  upon  the  Journal  granted. 

Mr.  Holland  presented  a  petition  in  reference  to  the  forma- 
tion of  a  new  county,  to  be  formed  out  of  Choctaw  and  Car- 
roll counties; 

Which  was  referred  to  the  committee  on  County  Boundaries. 
Mr.  Clarke  moved  that  the  rules  be  suspended  to  take  up  the 
Bill  of  Eights; 

Which  was  carried. 
Section  13 : 

Mr.  Alderson  moved  to  amend  as  follows: 

No  qualification,  except  that  of  a  good  moral  character,  shall 
ever  be  required  of  a  juror;  Provided,  That  when  the  parties 
litigating  are  both  white  or  both  colored,  they  ma}^  demand  a 
jury  of  their  own  color.    Where  they  are  one  white  and  one 


230 


colored,  either  shall  have  the  right  to  select  the  jurors  of  his 
or  her  own  color; 

Which  was  laid  on  the  table. 

Mr.  Beam  moved  to  amend  as  follows : 

No  qualification  shall  be  required  to  become  a  juror,  except 
that  hereafter  prescribed  by  law. 

Mr.  Castello  moved  to  amend  as  follows: 

Every  male  citizen  of  this  State,  of  the  age  of  twent}r-one 
years,  who  shall,  at  the  time  he  is  summoned,  be  a  resident  of 
the  county  in  which  he  is  summoned  to  serve,  and  not  disfran- 
chised by  rebellion  or  other  offense  against  the  laws,  shall  be  a 
competent  juror. 

Mr.  Gibbs  moved  to  lay  the  amendment,  and  the  amendment 
to  the  amendment,  on  the  table; 

Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Barry,  Bridges,  Brinson,  Caldwell,  Chappell, 
Field,  Gaither,  Gibbs,  Gray,  Hauser,  Herbert,  Holland,  Howe, 
Jacobs,  Jamison,  Lawson,  Leas,  Mask,  Montgomery,  Moore, 
Myers,  Mygatt,  Ozanne,  Peyton,  Railsback,  Rainey,  Richardson, 
Smith,  Stovall,  Vaughan,  Weir,  Woodmansee — 32. 

Nays — Messrs.  Alderson,  Alcorn,  Beam,  Bonney,  Castello, 
Clarke,  Combash,  Conley,  Dalton,  Dowd,  Drane,  Elliot  John, 
Elliott  James,  Fitzhugh,  Handy,  Hemmingwa}^  Hutto,  John- 
son S.,  Johnson  A.,  Jones,  Lack,  Mayson,  Musgrove,  McKnight, 
Neilson,  Newsom,  Parsons  J.  R.,  Phillips,  Stewart,  Stites, 
Stringer,  Stiles,  Toy,  Yeoman — 34. 

A  motion  was  made  to  adopt  the  amendment  to  the  amend- 
ment; 

Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Barry,  Bonney,  Bridges,  Brinson, 
Caldwell,  Castello,  Clarke,  Drane,  Fitzhugh,  Handy,  Johnson 
A.,  Leas,  Mayson,  Myers,  Mygatt,  McKnight,  Newsom,  Stringer, 
Toy,  Yeoman — 22. 

Nays — Messrs.  Alcorn,  Ballard,  Beam,  Chappell,  Combash 
Conley,  Dalton,  Dowd,  Elliott  John,  Elliott  Jas.,  Field,  Gaither, 
Gibbs,  Gray,  Hauser,  Hemmingway,  Herbert,  Holland,  Howe, 
Hutto,  Jacobs,  Jamison,  Johnson  S.,  Jones,  Lack,  Lawson, 
Mask,  Musgrove,  Montgomery,  Neilson,  Ozanne,  Parsons  J. 
R.,  Peyton  E.  A.,  Phillips,  Railsback,  Rainey,  Richardson, 
Smith,  Stewart,  Stites,  Stovall,  Stiles,  Vaughan,  Warren,  Weir, 
Woodmansee — 45. 

The  question  then  recurring  on  the  adoption  of  the  amend- 
ment offered  by  Mr.  Beam,  it  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Beam,  Chappell,  Conley,  Dalton, 
Dowd,  Elliott  John,  Elliott  James,  Gaither,  Hauser,  Hem- 
mingway, Howe,  Hutto,  Jamison,  Johnson  S.,  Jones,  Lack,. 
Mayson,  Mask,  Musgrove,  Montgomery,  Neilson,  Ozanne,  Par- 
sons J.  R.,  Peyton  E.  A.,  Phillips,  Raine}^,  Smith,  Stovall,  Stiles, 
and  Vaughan — 31. 

Nays — Messrs.  Ballard,  Barry,  Bonney,  Bridges,  Brinson, 
Caldwell,  Castello,  Clarke,  Combash,  Field,  Fitzhugh,  Gibbs,. 
Herbert,  Holland,  Jacobs,  Johnson  A.,  Lawson,  Leas,.  Moore-,. 


231 


Myers,  Mygatt.  McKnight,  Newsom,  Eailsback,  Richardson. 
Stewart.  States,  Stringer,  Toy.  Warren,  Wier,  Wbodmansee,  and 
Yeoman — 33. 

Mr.  Neilson  moved  to  amend  as  follows: 

Strike  out  all  after  "13.  "  and  insert.  "No  person  shall  be  a 
juror  unless  he  be  a  citizen  of  the  State,  twenty-one  years  of 
age,  and  a  freeholder  or  householder,  and  a  resident  in  the  county 
in  which  he  is  summoned:"' 

"Which  was  laid  on  the  table. 

The  previous  question  was  called,  call  sustained,  and  the  13th 
section  was  adopted,  by  the  following  vote : 

Yeas — Messrs.  Alderson.  Alcorn.  Barry.  Bonney.  Bridges. 
Brinson,  Caldwell.  Castello.  Chappell,  Clarke,  Combash,  Drane. 
Fawn.  Field.  Fitzhugh,  Gibbs.  Handy,  Hauser.  Herbert,  Holland, 
Jacobs,  Jamison.  Johnson  A,,  Jones,  Lawson.  Leas,  Mayson. 
Moore.  Myers,  Mygatt.  McKnight.  Newsom,  Ozanne.  Parsons 
J.  R..  Parsons  F.,  Peyton  E.  A..  Eaiisback.  Rainey,  Richardson, 
Smith,  Stewart,  Stites.  Stringer,  Toy,  Warren.  Weir,  Wood- 
mansee, and  Yeoman — 48. 

Nats — Messrs.  Ballard.  Beam.  Conley.  Dalton,  Dowd,  Elliott 
John.  Elliott  James.  Gaither,  Hemmingway.  Howe.  Hntto, 
Johnson  S.,  Lack,  Mask,  Musgrove,  Montgomery,  Neilson. 
Phillips,  Stovall,  Stiles,  and  Yaughan — 21, 

Section  14: 

Mr.  Alderson  moved  to  amend  as  follows: 

After  the  word  '« affirmation, "  in  the  seventh  line,  amend  by 
erasing  to  the  end,  and  inserting  "  specially  designating  the 
place  to  be  searched,  and  the  person  or  thing  to  be  seized; "; 

Which  was  adopted; 

And  section  14  was  adopted  as  amended. 
Section  15 : 

Mr.  Chappell  moved  to  strike  out  "every,"  in  the  first  line, 
and  insert  "all,"  and  strike  out  the  word  "common"  in  the 
third  line, 

Mr.  Parsons,  of  Adams,  moved  to  amend  b}T  striking  out  all 
after  "  section  15, ;;  and  insert  "every  citizen  has  aright  to 
bear  arms  in  defense  of  himself  and  the  State;" 

Which  was  laid  on  the  table. 

And  the  amendment  of  Mr.  Chappell  was  adopted. 
Section  15  was  adopted,  as  amended. 
Section  16: 

Mr.  Parsons,  of  Adams,  moved  to  amend  as  follows: 
Strike  out  "State,"'  in  second  line,  and  "county,"  in  the 
third  line,  and  insert  "all,  M  instead: 
Which  was  laid  on  the  table, 

Mr.  Stiles  moved  to  strike  out  "State  and  count}*"  in  the 
second  and  third  lines, 

Mr.  Hauser  moved  to  indefinitely  postpone  the  consideration 
of  section  16;  which  was  carried. 

Mr.  Castello  moved  a  suspension  of  the  rules,  to  introduce  a 
resolution;  which  was  carried. 

Mr,  Castello  then  offered  the  following: 


232 


Itesolved,  That  the  Auditor  of  this  Convention  be  and  he 
is  hereby  authorized  to  issue  a  certificate  to  the  Convention 
Printer  for  services  rendered,  to  the  amount  of  one  thousand 
dollars. 

Which  was  adopted. 

The  Convention  then  resumed  the  consideration  of  the  Bill 
of  Rights. 
Section  17: 

Mr.  Barry  moved  to  amend  as  follows : 

Provided,  That  nothing  herein  contained  shall  be  so  con- 
strued as  to  protect  said  property  from  being  applied  to  the 
payments  of  their  lawful  debts; 

Which  was  adopted. 

Mr.  Chappell  moved  to  strike  out  the  word  "  since,"  in  the 
fifth  line  of  section  17,  and  insert  the  word  "after;" 
Which  was  carried. 

Mr.  G-aither  moved  to  amend  section  17  by  inserting  after 
the  word  "  derived,"  in  the  fifth  line,  the  words  "or  otherwise 
acquired; " 

Which  motion  was  laid  on  the  table. 

Mr.  F.  Parsons  moved  to  amend  section  17 as  follows: 

In  the  third  line  strike  out  the  word  "  for,"  and  insert  the 
words  "in  all; " 

Which  motion  was  laid  on  the  table. 

Mr.  Alderson  moved  to  amend  the  section  as  follows : 

After  the  word  "  seventeen,"  insert  the  words  "  no  civil 
rights  shall  ever  be  impaired  by  marriage:" 

Which  motion  was  laid  on  the  table. 

Mr.  Clarke  moved  to  adjourn  until  half-past  3  o'clock; 

Which  was  carried. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
Quorum  present. 
Section  17: 

Mr.  Parsons  moved  to  strike  out  the  word  "  for,"  in  the 
third  line,  and  insert  the  word  "  in;" 
Which  motion  was  carried. 
And  section  17  was  adopted  as  amended. 
Section  18: 

Mr.  Stiles  moved  to  amend,  by  adding: 

Provided,  That  no  one  shall  be  eligible  to  the  Senate  unless 
he  shall  possess  a  freehold  estate  of  the  assessed  value  of  $500; 

Which  motion  was  laid  on  the  table,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Barry,  Beam,  Bonnej^  Bridges, 
Brinson,  Caldwell,  Castello,  Chappell,  Clarke,  Fitzhugh,  Gibbs, 
Handy,  Herbert,  Hauser,  Jacobs,  Johnson  A.,  Lawson,  Leas, 
Mayson,  Moore,  Myers,  Mygatt,  McKnight,  Newsom,  Ozanne, 
Parsons  F.,  Parsons  J.  R.,  Peyton,  Quinn,  Railsback,  Stewart, 
Stites,  Stringer,  Toy,  Warren,  Weir — 37. 

Nays — Messrs.  Alcorn,  Ballard,  Combash,  Conley,  Dalton? 


233 


Dowel.  Field.  Gaither,  Hutto,  Johnson  S.,  Lack,  Mask.  Mus- 
grove,  Montgomery,  Merryman,  McCutchen,  Phillips.  Rainey, 
Richardson.  Smith.  Stovall,  Stiles,  Townsend,  Walker,  and 
Watson — 25. 

Mr.  F.  Parsons  moved  to  amend  section  IS  as  follows: 
Insert  after  the  word  "  qualification,"'  in  the  secend  line,  the 
words  -  for  eligibility  to  office  shall  ever  be  required;" 
Which  was  carried. 

Mr.  Xeilson  moved  to  amend  the  section  as  follows: 
Insert  after  the  word  "  property,"  in  the  first  line,  the  words 
•■  but  an  educational." 

Mr.  Castello  moved  to  table; 
"Which  was  lost. 

Mr.  Barry  offered  as  a  substitute  for  the  amendment  to  the 
amendment,  which  was  accepted  by  Mr.  Xeilson,  the  following: 

Provided.  That  any  person  elected  or  appointed  to  any  office, 
shall  have  the  educational  qualifications  necessary  to  discharge 
the  duties  of  said  office. 

Mr.  Weir  moved  to  table  all  amendments; 

Which  was  lost. 

Mr.  Parsons,  of  Adams,  moved  to  indefinitely  postpone  the 
consideration  of  ail  amendments; 
Which  was  lost. 
Mr.  Castello  moved  to  adjourn; 
Which  was  lost. 

Mr.  Vaughan  moved  to  amend  section  IS,  as  follows: 
After  the  word  "  State,"  in  the  fourth  line,  add  the  words 
but  he  or  they  must  be  able  to  read,  write  ana  cypher 
through  the  double  rule  of  three  ;" 
Which  was  laid  on  the  table. 
Mr.  Clarke  moved  to  adjourn; 
Which  was  lost, 

Mr.  Howe  moved  the  previous  question; 
Which  was  lost. 

The  Convention  adjourned  to  meet  at  10  o" clock  to-morrow. 

T.  P.  Sears. 

Secretary. 


FOPvTIETH  DAY. 

Jackson.  Miss..  Friday.  February  21st.  186S. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn.  Ballard.  Barry. 
Beam,  Bonney,  Bridges.  Brinson.  Caldwell.  Castello,  Chapman, 


234 


Chappell,  Clarke,  Combash,  Conley,  Cunningham,  Dalton, 
Drane,  Elliott  John,  Elliott  James,  Fawn,  Field,  Fitzhugh, 
Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hauser,  Hemmingway, 
Herbert,  Holland,  Howe,  Hutto,  Jacobs,  Jamison,  Johnson  S., 
Johnson  A.,  Jones,  Lack,  Lawson,  Leas,  Leonard,  May  son, 
Mask,  Musgrove,  Montgomery,  Merryman,  Moore,  Myers, 
Mygatt,  McCutchen,  McKnight,  Neilson,  Nelms,  Nesbitt, 
Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  P.,  Peyton  E.  A., 
Phillips,  Quinn,  Railsback,  Rainey,  Richardson,  Smith,  Stewart, 
Stites,  Stovall,  Stringer,  Stiles,  Townsend,  Toy,  Vaughan, 
Walker,  Watson,  Warren,  Weir,  Woodmansee,  and  Yeoman — 82. 
The  following  delegates  were  absent: 

Messrs.  Collins,  Compton,  Dowd,  Kerr,  Longmire,  Miles, 
Morgan,  McKee,  Peyton  E.  G.,  Powell,  Stricklin  and  Wil- 
liams— 12. 

Journal  of  j^esterday  read,  and  after  certain  corrections 
ordered  to  be  made,  was  adopted. 

Mr.  Clarke  moved  to  suspend  the  rules  for  the  purpose  of 
taking  up  the  Bill  of  Rights; 

Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Ballard,  Gray,  Hauser,  Hutto,  Jam- 
ison, Mask,  Musgrove,  Pe}^ton  E.  A.,  Richardson,  Smith,  and 
Weir— 12. 

Nays — Messrs.  Alcorn,  Barry,  Beam,  Bonney,  Bridges,  Brin- 
son,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Combash, 
Conley,  Cunningham,  Dalton,  Drane,  Elliott  John,  Elliott 
James,  Field,  Fitzhugh,  Gaither,  Gibbs,  Goss,  Handy,  Hemming- 
way, Herbert,  Holland,  Howe,  Jacobs,  Johnson  S.,  Joiinson  A., 
Jones,  Lack,  Lawson,  Leas,  Leonard,  Mayson,  Montgomery, 
Merryman,  Moore,  Myers,  Mygatt,  McCutchen,  McKnight, 
Neilson,  Nelms,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons  J. 
R.,  Phillips,  Railsback,  Rainey,  Stewart,  Stites,  Stovall,  Stringer, 
Stiles,  Townsend,  Toy,  Vaughan,  Walker,  Watson,  Warren, 
Woodmansee,  and  Yeoman — 66. 

Standing  committees  reported  as  follows: 

The  committee  on  General  Provisions  reported  progress. 

The  committee  on  Finance  reported  progress. 

The  committee  on  Printing,  through  Mr.  Ozanne,  presented 
the  following  report : 

To  the  Honorable  President  and  Members  of  the  Constitutional 
Convention  of  Mississippi: 

Gentlemen — We,  the  undersigned,  members  of  the  Printing 
Committee,  beg  leave  to  present  our  resignation,  for  the  follow- 
ing reasons,  viz : 

We  have  been  almost  entirely  ignored  by  our  chairman, 
having  never  been  called  together  by  him  but  once  upon  the 
duties  of  said  committee.  We  therefore  beg  leave  to  withdraw 
from  said  committee,  so  that  we  shall  not  be  held  responsible  by 


235 


the  Convention  for  duties  we  have  never  refused,  but  had  no 
opportunity  to  perform. 

Respectfully  yours,  etc.. 

U.  OzANNE, 

N.  J.  Chappell, 
J.  A.  Moore, 
Thos.  W.  Jones, 
D.  N.  QuiNN, 

Committee. 

Report  received  and  resignation  accepted. 
Mr.  Clarke  moved  to  suspend  the  rules  to  take  up  the  Bill  of 
Rights; 

Which  was  carried. 
Section  18: 

Mr.  Neilson  moved  the  previous  question,  which  was  the 
amendment  of  Mr.  Barry  offered  yesterday  and  accepted  by  Mr. 
Neils  on; 

Which  was  sustained,  by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Ballard,  Barry,  Beam,  Bridges,  Brin- 
son,  Chapman,  Chappell,  Clarke,  Combash,  Conley,  Cunning- 
ham, Dalton,  Drane,  Elliott  John,  Elliott  James,  Fawn,  Field, 
Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hauser,  HemmingwaT, 
Herbert,  Howe,  Hutto,  Jamison,  Johnson  S.,  Jones,  Lack,  Law- 
son,  Leas,  Mask,  Musgrove,  Montgomery,  Merryman,  Myers. 
Mygatt,  McCutchen,  Neilson,  Nelms,  Nesbitt,  Newsom,  Orr, 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Phillips,  Quinn,  Railsback, 
Rainey,  Richardson,  Smith,  Stewart,  Stites,  Stovali,  Stringer, 
Stiles,  Townsend,  Toy,  Vaughan,  Walker,  Watson,  Yrarren, 
Weir,  and  Woodmansee — 68. 

Nays — Messrs.  Alderson,  Bonney,  Caldwell,  Castello,  Fitz 
hugh,  Holland,  Jacobs,  Johnson  A.,  Mayson,  Moore,  McKnight, 
Peyton  E.  A.,  Yeoman — 13. 

The  question  then  recurring  on  the  adoption  of  the  18th 
section,  as  amended,  it  was  adopted,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Barry,  Beam,  Bridges,  Brin- 
son,  Castello,  Chapman,  Chappell,  Clarke,  Combash,  Conley, 
Cunningham,  Dalton,  Drane,  Elliott  John,  Elliott  James,  Fawu, 
Field,  Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hauser,  Hemming- 
way,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison,  Johnson  S., 
Johnson  A.,  Jones,  Lack,  Lawson.  Leas,  Mask,  Musgrove, 
Montgomery,  Merryman,  Moore,  Mj^ers,  Mygatt,  McCutchen, 
McKnight,  Nelms,  Nesbitt,  Newsom,  Orr,  Ozanne,  Par  ons  J. 
R.,  Phillips,  Railsback,  Rainey,  Richardson,  Smith,  Stewart, 
Stites,  Stovali,  Stringer,  Toy,  Yaughan,  Walker,  Watson,  War- 
ren, Weir,  Woodmansee — 68. 

Nays — Messrs.  Alderson,  Bonney,  Caldwell,  Fitzhugh,  Hol- 
land, Mayson,  Peyton  E.  A.,  Stiles,  Townsend,  Yeoman — 10. 

Section  19: 

Mr.  Alderson  moved  to  amend  as  follows:  Strike  out  all 
after  the  word  "  elector,"  in  the  third  line. 

Mr.  Weir  moved  to  lay  the  amendment  on  the  table; 
Which  was  lost. 


236 


Mr.  Gibbs  moved  the  adoption  of  the  amendment  offered  by 
Mr.  Alderson; 

Which  was  carried. 

Mr.  Clarke  moved  the  previous  question  on  section  19,  as 
amended; 

Which  was  not  sustained. 

Mr.  Gibbs  held  that  the  previous  question  not  being  sus- 
tained, the  subject  must  be  discontinued  for  the  day. 

The  Chair  decided  the  subject  still  before  the  house. 

Mr.  Gibbs  appealed  from  the  decision  of  the  Chair. 

The  Chair  was  not  sustained,  and  the  subject  was  postponed 
for  the  day. 

Section  20  was  indefinitely  postponed. 

Section  21 : 

Mr.  Weir  moved  to  amend  as  follows: 

"  Except  in  cases  wherein  the  parents,  guardians,  or  other 
persons  having  such  children  in  charge,  are  unable  or  obsti- 
nately refuse  to  provide  for  their  comfort  and  well  being." 

Mr.  Hauser  moved  to  lay  on  the  table; 

Which  was  lost. 

Mr.  Alderson  moved  to  amend  as  follows: 

After  the  word  "  servitude,"  in  the  second  line,  insert  "  ex- 
cept as  punishment  for  crime,  no  system  of  peonage  shall  ever 
be  tolerated."    The  balance  to  be  stricken  out. 

Mr.  Morgan  moved  to  adjourn; 

Which  was  lost. 

Mr.  Parsons,  of  Adams,  moved  that  the  report  of  the  com- 
mittee appointed  to  wait  on  General  Gillem  in  regard  to  the 
tax  ordinance  be  received; 

Which  was  carried. 

Mr.  Orr,  of  the  committee,  then  made  a  verbal  report. 
Mr.  Vaughan  offered  the  following: 

Whereas,  There  has  been  more  time  consumed  by  this  Con- 
vention in  framing  a  Constitution  than  was  anticipated  at  its 
organization,  and  that  a  large  portion  of  the  members  are  di- 
rectly interested  in  the  farming  and  planting  interests  of  the 
State,  upon  which  all  classes  are  interested  and  dependent,  and 
a  few  days  attention  just  at  this  season  of  the  year  will  be  of 
great  benefit,  and  is  actually  required;  therefore,  be  it 

Mesolved,  That  the  Convention  proceed  immediately  to  per- 
fect the  Finance  Bill,  so  as  to  meet  the  approval  of  the  General 
Commanding,  and  then  adjourn  until  Tuesday,  the  19th  day 
of  March,  1868;  the  per  diem  of  each  member  to  stop  from  the 
day  of  adjournment  until  the  Convention  again  convenes. 

Pending  the  consideration  of  the  above,  the  Convention 
adjourned,  to  meet  at  10  o'clock  to-morrow. 


237 


FORTY-FIRST  DAY. 

Jackson,  Miss.,  Saturday,  February  22d,  1868, 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names ; 

Mr.  President,  Messrs.  Alderson.  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash  Conley,  Cunningham.  Dalton. 
Drane.  Elliott  James,  Elliott  John,  Fawn,  Field,  Fitzhugh, 
Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hauser,  Hemmingway, 
Herbert,  Holland,  Howe,  Hutto,  Jacobs,  Jamison,  Johnson  S., 
Johnson  A.,  Jones,  Lawson,  Leonard,  Mayson,  Mask,  Musgrove, 
Montgomery,  Merry  man,  Moore,  Morgan,  Myers,  Mygatt, 
McCutchen,  McFInight,  jSTeilson,  Nelms,  Nesbitt,  Newsom,  Orr, 
Ozanne,  Parsons  F.  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.. 
Phillips,  Qu'inn,  Railsback,  Rainey,  Richardson,  Smith,  Stew- 
art, Stites,  Stovall,  Stringer,  Stiles,  Townsend,  Toy,  Yaugkam 
Walker,  Watson,  Warren,  Weir,  Woodmansee,  Yeoman — 83. 

The  following  delegates  were  absent: 

Messrs.  Compton,  Dowd,  Kerr,  Lack,  Leas,  Longmire. 
Miles,   Powell,  Stricklin,  Williams— 10. 

The  reading  of  the  Journals  was  dispensed  with. 

The  President  called  to  the  Chair.  Mr.  Orr.  of  Harrison, 

Leaves  of  absence  were  granted  the  following  delegates  for 
the  period  affixed  to  their  names : 

Mr.  Lack,  two  days ;  Mr,  Morgan,  two  days ;  Mr.  Powell,  ten 
days. 

Mr.  Chappell  moved  to  suspend  the  rules,  in  order  to  permit 
Mr.  Barry  to  offer  a  resolution; 
Which  was  carried. 

Mr.  Barry  moved  a  reconsideration  of  the  vote  of  yesterday, 
in  which  the  chair  was  not  sustained  in  a  point  of  order  which 
was  raised  by  Mr.  Gibbs. 

The  previous  question  was  called. 

Mr.  Barry  proposed  to  withdraw  his  resolution; 

Y  nich  was  objected  to. 
Objection  sustained  by  the  Chair. 

Decision  appealed  from,  and  the  Chair  was  not  sustained. 
Mr.  Xeilson  moved  to  adjourn  until  Monday  morning  at  10 
o'clock; 

Y  nich  was  lost. 

Mr.  Gibbs  moved  that  the  rules  be  suspended  to  enable  him 
to  offer  a  resolution; 

Which  was  carried,  by  the  following  vote : 
Yeas— Messrs.  Alderson,  Alcorn, Barry,  Beam,  Bonney,  Bridges. 
Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Com- 
bash, Conley,  Cunningham,  Drane,  Elliott  James,  Fawn,  Field, 
Fitzhugh,  Gaither,  Gibbs,  Handy,  Hauser,  Hemmingway,  Her- 


238 


b:rt,  Howe,  Jacobs,  Jamison,  Johnson  A.,  Jones,  Lawson,  Leas, 
Leonard,  Mayson,  Mask,  Moore,  Morgan,  Myers,  Mygatt,  Mc- 
Knight,  Newsom,  Ozanne,  Parsons  F.,  Parsons,  J.  P.,  Pe}7ton 
E.  A.,  Peyton  E.  G.,  Qoinn,  Railsback,%Rainey,  Smith,  Stewart, 
Stites,  Stovall,  Stringer,  Toy,  Vaughan,  Warren,  Weir,  Yeo- 
man— 60. 

Nays. — Messrs.  Ballard,  Dalton,  Elliott  John,  Goss,  Gray, 
Hutto,  Johnson,  Mnsgrove,  Montgomery,  Merryman,  McCutch- 
en,  Neilson,  Nelms,  Nesbitt,  Phillips,  Richardson,  Stricklin, 
Townsend,  Watson — 19. 

Mr.  Gibbs  offered  the  following: 

Besolved,  That  this  Convention  appoint  a  committee  of  three 
to  proceed  forthwith  to  the  cit}r  of  Washington  and  confer  with 
the  General  of  the  armies,  the  Secretary  of  War,  and  other 
heads  of  departments  there,  and  represent  to  them  the  true 
state  of  affairs  as  now  existing  in  the  State  of  Mississippi. 

Besolved,  further,  That  the  committee  have  full  power  and 
authority  to  request  from  the  Government  of  the  United  States 
a  loan  of  $100,000  for  the  use  of  this  Convention,  the  same  to 
be  refunded  from  the  proceeds  of  taxes  authorized  to  be  levied 
and  collected  to  defray  the  expenses  of  the  Convention,  and  to 
pledge  the  full  faith  and  credit  of  the  State  of  Mississippi  for 
the  payment  of  the  same. 

Mr.  Neilson  moved  to  lay  on  the  table ; 

Which  was  lost. 

Mr.  Hemmingway  moved  to  strike  out  "  three  "  and  insert 
"  fifteen;" 
Which  was  laid  on  the  table. 

Mr.  Clarke  moved  to  lay  over  until  Monday  at  12  o'clock, 
the  resolutions  of  Mr.  Gibbs. 

Mr.  Gibbs  moved  to  table  the  motion  of  Mr.  Clarke ; 
Which  was  carried. 

Mr.  Neilson  moved  to  amend  the  resolutions  of  Mr.  Gibbs, 
as  follows: 

Amend  by  adding  after  the  last  words,  "  and  the  President 
in  appointing  said  committee,  shall  appoint  one  from  each  of 
the  three  parties  in  the  Convention,  to-wit:  one  from  the  "Rad- 
ical," one  from  the  "  Conservative,"  and  one  from  the  "Con- 
servative Radical,"  or  middle  party; 

Which  was  laid  on  the  table. 

Previous  question  called,  call  sustained. 

Mr.  Townsend  moved  a  call  of  the  Convention ; 

Call  sustained,  and  quorum  present. 

Mr.  Neilson  moved  to  adjourn; 

Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Chapman,  Conley,  Dalton,  Elliott  James, 
Field,  Gaither,  Hutto,  Jamison,  Johnson  S.,  Jones,  Mask,  Mus- 
grove,  Montgomery,  Merryman,  McCutchen,  Neilson,  Nelms, 
Nesbitt,  Orr,  Phillips,  Rainey,  Richardson,  Stovall,  Stricklin, 
Stiles,  Townsend.  Walker,  and  Watson — 28. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Bany,  Beam,  Bon- 
ney,  Bridges,  Brinson,  Caldwell,  Castello,  Chappell,  Clarke, 


239 


Combash,  Cunningham,  Drane,  Elliott  John,  Fawn,  Fitzhugh, 
Gibbs,  Goss,  Gray,  Handy,  Hauser,  Hemmingway,  Herbert, 
Howe,  Jacobs,  Johnson  A.,  Lawson,  Leas,  Leonard,  Mayson, 
Moore,  Morgan,  Myers,  Mygatt,  McKnight,  Newsom,  Ozanne, 
Parsons  F.,  Parsons  J.  E.,  Peyton  E.  A.,  Peyton  E.  G.,  Quinn, 
Eailsback,  Smith,  Stewart,  Stites,  Stringer,  Toy,  Vanghan, 
Warren,  Weir,  Woodmansee,  and  Yeoman — 55. 

The  question  recurring  on  the  resolution  of  Mr.  Gibbs,  it 
was  adopted,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Barry,  Bonney,  Brinson,  Caldwell, 
Castello,  Chappell,  Combash,  Drane,  Fitzhugh,  Gibbs,  Handy, 
Hauser,  Herbert,  Jacobs,  Johnson  A.,  Jones,  Lawson,  Leas, 
Leonard,  Ma3rson,  Moore,  Morgan,  Myers,  Mygatt,  McKnight, 
Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  B.,  Pej'ton  E.  A., 
Peyton  E.  G.,  Quinn,  Eailsback,  Smith,  Stewart,  Stites,  Stringer, 
T03-,  Weir,  Woodmansee,  and  Yeoman — 43, 

Nays — Messrs.  Alcorn,  Ballard,  Beam,  Bridges,  Chapman, 
Clarke,  Conley,  Dalton,  Elliott  John,  Elliott  James,  Fawn, 
Field,  Gaither,  Goss,  Gray,  Hemmingway,  Howe,  Hutto,  Jami- 
son, Johnson  S.,  Mask,  Musgrove,  Montgomeiy,  Merryman, 
McCutchen,  Neilson,  Nelms,  Nesbitt,  Phillips,  Eaine}T,  Eichard- 
son,  Stovall,  Stricklin,  Stiles,  Townsend,  Vaughan,  Walker, 
Watson,  and  Warren — 39. 

The  President  appointed  as  Page  (in  place  of  Willie  Bank, 
declined),  Wm.  Howard. 

Mr.  Peyton,  of  Copiah,  moved  to  adjourn  until  3  o'oclock 
p.  m.  ; 

Which  was  lost. 

Convention  adjourned  until  Monday  morning,  at  10  o'clock. 

T/P.  Sears, 

Secretary. 


FOBTY-SECOND  DAY. 

Jackson,  Miss.,  Monday,  Februaiy  24th,  1S68. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonne}^,  Bridges,  Brinson,  Caldwell,  Castello,  Chap- 
man, Chappell,  Clarke,  Combash,  Conley,  Cunningham,  Dalton, 
Drane,  Elliott  John,  Elliott  James,  Fawn,  Field,  Fitzhugh, 
Gaither,  Goss,  Hand}r,  Hauser,  Hemmingway,  Holland,  Howe, 
Hutto,  Jacobs,  Jamison,  Johnson  S.,  Johnson  A.,  Jones, 
Lawson,  Leas,  Leonard,  Mayson,  Mask,  Musgrove,  Montgom- 
ery, Moore,  Morgan,  Myers,  McCutchen,  MeKee,  McKnight, 
Neilson,  Nelms,  Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  of 


240 


Adams,  Parsons  of  Hinds,  Peyton  E.  A.,  Peyton  E.  G.,  Phil- 
lips, Quinn.  Railsback,  Rainey  Richardson,    Smith,  Stewart, 
Stites,    Stovall,    Stricklin,   Stiles,   Toy,   Vaughan,  Walker, 
Watson,  Warren,  Weir,  Woodmansee,  Yeoman — 78 . 
The  following  delegates  were  absent: 

Messrs.  Collins,  Compton,  Dowd,  Gray,  Herbert,  Kerr, 
Lack,  Longmire,  Miles,  Merryman,  Mygatt,  Powell,  Townsend, 
Williams — 14. 

Journal  of  Saturday  was  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  named  gen- 
tlemen for  the  period  affixed  to  tbieir  names : 

To  the  Auditor  six  days;  to  Mr.  S.  Johnson,  ten  days; 
to  Mr.  Stringer,  one  day;  to  Mr.  Hemmingway,  eight  days; 
to  Mr.  Richardson,  five  days;  to  Mr.  McCutchen,  ten  days;  to 
Mr.  Townsend,  five  days. 

The  rules  were  suspended  to  hear  the  following  communication : 
To  the  Honorable  President  and  Members  of  the  Constitutional 

Convention  of  the  State  of  3fississippi: 

The  Door-keeper  of  your  honorable  body,  would  respect- 
fully represent  that  on  last  night,  about  11  o'clock,  while  he 
was  asleep  in  the  hall,  Mr.  Merryimrn,  together  with  a  bocVy  of 
soldiers  and  citizens,  came  to  the  door  of  the  hall,  and  the 
Door-keeper  thinking  they  were  delegates  or  employees  of  the 
Convention,  admitted  them.  Mr.  Meriyman  then  seized  the 
Door-keeper  6ancl  called  to  the  crowd  outside  that  he  had  him, 
"come  on."  The  Door-keeper  made  his  escape,  when  the 
crowd  attacked  Mr.  Lawson,  raised  the  gas  and  attempted  to 
take  his  watch;  opened  the  drawers  of  members  and  took  away 
the  contents,  put  out  the  lights  to  go  for  "Norris." 

C.  F.  Norris, 

Door-Keeper. 

Mr.  Barry  moved  that  a  committee  of  five  be  appointed  to 
examine  into  and  report  upon  the  above  statement. 
Mr.  McKee  moved  the  previous  question ; 
Which  was  sustained. 

And  the  motion  of  Mr.  Barry  was  adopted. 
Standing  Committees  reported  as  follows : 
Committee  on  General  Provisions  reported  progress 
Committee  on  Internal  Improvement,  submitted  the  following 

report : 

To  the  President  and  Members  of  the  Convention  : 
.  We,  the  undersigned,  having  been  appointed  by  the  President 
of  this  Convention,  would  respectfully  submit  the  following- 
report;  V 

J.  Hauser, 

Chairman. 
Chas.  W.  Beam, 
i  sham  s.  rainey, 
James  Elliott,  , 
Amos  Drane, 
Wm.  Nelms. 

Committee. 


■ 


241 


Article  1.  There  shall  be  a  Board  elected  to  constitute  a 
Board  of  Public  Works. 

Art.  2.  Said  Board  to  consist  of  one  member  from  each 
Congressional  District  of  the  State. 

Art.  3.  Each  member  shall  be  a  resident  of  the  District  he 
represents,  and  shall  hold  office  in  said  Board  for  the  term  of 
four  years  from  date  of  installation. 

Art.  4.  The  Legislature  at  its  first  session  after  the  adoption 
of  this  Constitution,  shall  provide  for  the  organization  of  said 
Board,  prescribe  its  duties,  and  fix  the  compensation  of  its 
members  and  ail  officers  employed  upon  public  works  in  this 
State. 

Art.  5.  All  members- and  officers  that  may  be  employed  upon 
public  works  in  this  State,  shall  be  required  to  give  bond  for 
the  faithful  performance  of  the  duties  pertaining  to  their  office, 
to  be  prescribed  by  law. 

Report  received,  and  one  hundred  copies  ordered  printed. 

The  President  announced  the  following  committee  on  the 
communication  of  the  Doorkeeper : 

Mr.  Barry,  of  Holmes: 

Mr.  McKee,  of  Warren; 

Mr.  LYeiison.  of  Amite; 

Mr.  Gaither,  of  Lee: 

Mr.  Moore,  of  Lauderdale. 

Mr.  Castello  moved  to  suspend  the  rules  to  take  up  the  Bill 
of  Rights; 

Which  was  carried. 
Section  21 : 

Mr.  Alderson  moved  to  amend  as  follows: 
After  the  word  •■servitude.'"  in  second  line,  insert  the  words. 
"  except  as  punishment  for  crime  shall  ever  be  tolerated;'' 
Which  was  carried. 
Mr.  Orr,  moved  to  amend  as  follows: 

Insert  after  the  word  "  servitude.''  the  words  -no  system  of 
apprenticeship:" 
Which  was  carried. 

Mr.  Alderson  moved  to  reconsider  the  vote  on  the  adoption 
of  the  amendment  of  Mr.  Orr; 
Which  was  carried. 

Mr.  Cunningham  moved  to  lay  the  amendment  of  Mr.  Orr 
on  the  table; 

Which  was  carried,  by  the  following  vote: 

Yeas — Messrs.  Alderson.  Alcorn.  Ballard,  Bridges,  Brinson. 
Chapman.  Chappell,  Clarke,  Combash,  Conley,  Cunningham. 
Dalton.  Elliott  John.  Field.  Gaither.  Goss.  Gray.  Henimins- 
way,  Howe,  Hutto,  Jamison.  Johnson  S.,  Jones,  Leas,  Mask. 
Musgrove,  Montgomery.  McKee.  McKnight,  Xeiison.  INelins. 
Nesbitt,  Ozanne,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G. 
Phillips,  Railsback.  Rainey,  Richardson.  Smith.  Stovall,  Strick- 
lin,  Stiles,  Toy,  Vaugham  Walker,  Watson.  Warren.  Wood- 
mansee.  and  Yeoman — 51. 

Nats— Messrs.  Barrv,  Bonnev.  Caldwell.  Castello,  Drane, 
C— 1 6 


242 


Fitzhngh,  Hand}',  Jacobs,  Leonard,  Maj^son,  Moore,  Newsoni, 
Orr,  Stewart,  Stites,  and  Weir — 16. 

Mr.  Alderson  moved  to  amend  as  follows : 

No  slavery  or  involuntary  servitude  except  as  punishment 
for  crime,  whereof  the  party  shall  be  duly  convicted,  shall  ever 
be  tolerated  in  this  State. 

Mr.  Orr  moved  to  amend  as  follows: 

And  no  system  of  apprenticeship  of  children,  except  with 
the  consent  of  their  parents,  or  guardians  of  the  same,  shall 
ever  be  enacted. 

Mr.  McKee  moved  to  lay  the  amendment  of  Mr.  Orr  on  the 
table,  and  the  President  decided  it  in  order. 

Mr.  Cunningham  appealed  from  the  decision  of  the  Chair, 
and  the  Chair  was  sustained,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Bridges,  Erin  son, 
Castello,  Chapman,  Chappell,  Clarke,  Combash,  Conley,  Cun- 
ningham, Dalton,  Elliott  James,  Fawn,  Field,  Gaither,  Goss, 
Gray,  Hauser,  Hemmingway,  Howe,  Hutto,  Jacobs,  Johnson 
S.,  Johnson  A.,  Jones,  Lawson,  Leas,  Mask,  Musgrove, 
Montgomery,  McKee,  McKnight,  Neilson,  Nelms,  Nesbitty 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Pe}<ton  E.  G.,  Phillips, 
Railsback,  Rainey,  Richardson,  Smith,  Stovall,  Stricklin,  Stiles, 
Toy,  Vaughan,  Watson,  Warren,  Woodmansee,  Yeoman — 57, 

Nays — Messrs.  Barry,  Caldwell,  Drane,  Fitzhngh,  Handy, 
Leonard,  Mayson,  Newsom,  Orr,  Stewart,  Stites,  and  Weir — 13. 

And  the  amendment  of  Mr.  Alderson  was  laid  on  the  table, 

Mr.  Watson  offered  the  following  amendment: 

Strike  out  all  after  "section  21,"  and  insert  as  follows :  "There 
shall  be  neither  slavery  nor  involuntary  servitude  in  the  State, 
otherwise  than  in  the  punishment  of  crime,  whereof  the  party 
shall  have  been  duly  convicted;  Provided,  It  shall  be  the  duty 
of  the  Legislature  to  establish  a  uniform  sj^stem  of  appren- 
ticeship for  minors,  who  may  be  without  proper  legal  protec- 
tors, and  wThose  condition  will  manifestly  be  improved  by  their 
apprenticeship  to  virtuous  citizens." 

Mr.  Orr  moved  to  table  the  amendment; 

Which  was  lost. 

Mr.  Parsons,  of  Adams,  moved  to  strike  out  all  after  the 
word  "convicted;" 

Mr.  Stricklin  moved  to  lay  on  the  table; 
Which  was  carried. 

Mr.  Castello  moved  to  insert  after  the  word  "  virtuous,"  Jhe 
words  "  honest  and  industrious;" 
Which  was  lost. 

Mr.  Watson  moved  the  previous  question,  which  was  sus- 
tained, 

The  question  recurring  on  the  amendment  of  Mr.  Watson,  it 
was  adopted,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Chappell,  Clarke, 
Combash,  Conle}r,  Cunningham,  Dalton,  Elliott  John,  Elliott 
James,  Fawn,  Field,  Gaither,  Goss,  Gray,  Hemmingway,  Howe, 
Hutto,  Johnson-  S„  Jones,  Leas,  Mask,  Montgomery,  Myers, 


243 


MeCatchen,  McKee,  McKnight,  Neilson,  2s  elms.  Nesbitt,  New- 
som,  Ozanne,  Peyton  E.  A.,  Phillips.  Quinn,  Kailsback.  Rainey, 
Richardson,  Smith.  Stovall,  Stricklin,  Stiles,  Toy,  Vaughan, 
"Walker,  Watson.  Weir,  and  Yeoman — 49. 

Nays — Messrs.  Barry,  Bonney.  Bridges,  Brinson,  Caldwell, 
Castello.  Chapman.  Drane.  Fitzhugh,  Hand}-,  Hauser,  Herbert, 
Holland,  Jacobs,  Johnson  A.,  Lawson,  Leonard,  May  son.  Mus- 
grove.  Moore.  Orr.  Parsons  F..  Parsons  J.  R.,  Peyton  E.  G.. 
Stewart.  Stites,  and  Warren — 27. 

The  question  then  recurring  on  section  21,  as  amended,  it 
was  adopted. 

Section  22 : 

Mr.  Castello  moved  to  amend  as  follows: 

Strike  out  all  after  word  "  laws.'*  in  the  3d  line,  and  insert 
-•except  for  murder  in  the  first  degree." ' 

Mr.  Clarke  moved  to  postpone  indefinitely  the  consideration 
of  section  22.  with  the  amendment; 

Which  was  carried. 

Mr.  Hemmingway  moved  to  reconsider  the  vote  on  section  21. 

Mr.  Stiles  moved  the  previous  question: 

Which  was  sustained. 

Mr.  Castello  moved  to  adjourn: 

Which  was  lost. 

And  the  motion  to  reconsider  the  vote  on  section  21  was  lost. 
Mr.  Musgrove  moved  that  the  rules  be  suspended  to  permit 
the  introduction  of  a  resolution; 
Which  was  carried. 

Mr.  Musgrove  then  orfered  the  following: 
Resolved,  That  after  the  24th  day  of  February,  the  Conven- 
tion hold  two  sessions  each  day,  Sunday  excepted:  the  morn- 
ing session  to  commence  at  9  o'clock  a.  m.,  and  the -afternoon 
session  to  commence  at  3  o'clock  p.  ai. 

Mr.  Castello  moved  to  amend  by  adding  after  "  3  o'clock  ?. 

the  following: 
■•  And  night  session  to  commence  at  7-J  p.  m." 
A  motion  to  lay  on  the  table  was  lost. 
And  the  amendment  was  adopted. 
And  the  resolution,  as  amended,  was  adopted. 
Convention  adjourned  to  meet  at  9  o'clock  to-morrow. 

T.  P.  Sears, 
Secretary. 


FORTY-THIRD  DAY. 

Jackson,  Miss..  Tuesday.  Febrary  25th.  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answer-:  .1 
to  their  names : 


244 


Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Conley,  Cunningham,  Dalton, 
Drane,  Elliott  of  Itawamba,  Elliott  of  Monroe,  Fawn,  Field, 
Fitzhugh,  Gaither,  Gibbs,  Goss,  Gra}T,  Hancty,  Hauser,  Herbert, 
Holland,  Howe,  Hutto,  Jacobs,  Jamison,  Johnson  A.,  Jones, 
Lawson,  Leas,  Leonard,  Mayson,  Mask,  Merryman,  Musgrove, 
Blontgomery,  Moore,  Myers,  Mygatt,  McKee,  Morgan,  Nielson, 
Nelms,  Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons  J. 
R.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillipps,  Railsback,  Rainey, 
Smith,  Stewart,  Stites,  Stovall,  Stricklin,  Stringer,  Stiles,  Toy, 
Vaughan,  "Watson,  Warren,  Walker,^  Weir,  Woodmansee, 
Yeoman — 79. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Compton,  Dowd,  Hemmingway,  Johnson  S., 
Kerr,  Lack,  Longmire,  Miles,  McCatchen,  McKnight,  Powell, 
Quinn,  Richardson,  Townsend,  Williams  16. 

Journal  of  3Testerda}r  read  and  approved. 

Leave  of  absence  was  granted  to  Mr.  Stringer  for  one  day. 

The  following  communication  was  received  from  the  Con- 
vention Printer,  Mr.  Dugan,  under  a  suspension  of  the  rules: 

To  the  President  and  Gentlemen  of  the  Mississippi  Constitu- 
tional Convention: 

Gentlemen— Owing  to  a  misconception  of  the  rules  regu- 
lating the  prices  of  printing  by  the  committee,  the  report 
adopting  the  prices  to  be  paid  for  certain  kinds  of  work  is 
found  to  be  entirely  inadequate,  and  will  operate  very  oppres- 
sive^ upon  the  Public  Printer. 

The  second  section  provides  "for  resolutions,  memorials 
and  reports  of  committees,  printed  on  foolscap  or  similar  sized 
paper,  thirty  six  ems  Y\dde,  and  forty  printed  lines  in  length, 
for  the  first  one  hundred  copies,  eight  dollars  per  page,"  etc., 
etc. 

Owing  to  the  instructions  the  Public  Printer  first  received, 
to  print  said  resolutions,  memorials,  etc.,  in  their  present  form 
of  forty  lines  in  length  and  fourteen  ems  wide  on  a  page,  the 
committee  seems  to  have  overlooked  the  fact  that  by  ordering 
the  width  to  be  extended  to  thiilyy-six  ems,  would  entail  a  loss 
of  one  price  and  a  halt  to  the  Printer;  in  other  words,  it  would 
reduce  his  compensation  to  one-half  of  its  present  rates. 

In  consideration  of  the  fact  that  the  prices  allowed  are  not 
by  any  means  too  liberal,  and  that  if  the  requirements  of  the 
second,  section  are  enforced,  it  will  barely  \)&y  the  expenses,  if 
not  entail  an  actual  loss  to  the  Public  Printer,  I  would  there- 
fore respectfully  submit,  that  the  said  section  of  the  report  of 
the  Committee  on  Printing  may  be  so  altered  and  amended  as 
to  read,  "fourteen,"  instead  of,  "thirty-six,"  in  the  four- 
teenth line  of  said  section.  It  was  entirely  owing  to  a  misun- 
derstanding and  want  of  knowledge  on  the  subject  that  the 
provision  aforesaid  was  adopted,  and  I  feel  confident  that  the 


Convention  will  remedy  the  evil  as  soon  as  it  is  properly  ad- 
vised upon  the  matter.  The  provisions  to  have  the  pages 
thirty-six  ems  wide,  in  book  form,  is  very  proper,  and  the 
Printer  does  not  object;  but  he  was  first  ordered  to  print  the 
resolutions,  memorials,  etc.,  in  their  present  form,  and  conse- 
quently his  reglets  were  all  cut  and  forms  made  up  to  that 
measure.  A  change  now  would  make  it  necessary  to  procure 
another  lot  of  material  to  make  it  up  to  that  size. 

With  these  explanations,  I  leave  the  matter  with  the  Con- 
vention, hoping  that  they  will  change  the  report  to  conform 
with  these  suggestions. 

Eespectfully  submitted, 

Jas.  Dugan, 

Public  Printer. 
Mr.  Parsons  moved  to  receive  the  report,  and  that  it  be  re- 
ferred to  a  special  committee  of  three. 

Mr.  Hansen  moved  to  postpone  until  to-morrow; 
Which  was  carried. 

The  rules  were  suspended  to  receive  a  report  of  the  special 
committee  appointed  to  confer  with  General  Gilleni; 

To  the  President  and  Members  of  the  Constitutional  Conven- 
tion : 

As  chairman  of  the  special  committee  appointed  to  confer 
with  the  General  Commanding  the  Fourth  Military  District,  in 
regard  to  the  enforcement  by  him,  of  tue  tax  ordinance  adopted 
fey  your  Convention.  I  would  respectfully  report,  that  said  ordi- 
nance was  submitted  to  the  General  Commanding  for  his  ex~ 
animation. 

Some  of  its  provisions  met  with  his  approval,  viz :  The  tax  ox' 
one-half  of  one  per  cent,  on  merchandise,  and  the  334-  percent, 
on  the  assessed  value  of  real  estate,  its  other  provisions,  in  his 
opinion,  were  not  in  conformity  with  the  eighth  section  of  the 
Act  of  Congress,  of  March  23,  1867. 

He  further  stated,  that  if  the  Convention  would  frame  and 
adopt  an  ordinance,  wherein  a  uniform  tax  was  levied  upon 
the  property  in  the  State,  and  the  collection  of  the  same  vested 
in  the  Sheriffs  Gf  the  various  counties  to  be  by  them  paid  into 
the  State  Treasury  when  collected,  and  to  be  held  by  the  State 
Treasurer,  as  a  special  fund,  would  meet  with  his  entire  ap- 
proval, and  its  collection  would  be  enforced  by  him,  and  the 
Auditor  of  the  State  would  be  directed  to  issue  State  warrants 
in  lieu  of  those  issued  by  the  Convention,  up  to  the  time  of 
the  adoption  of  such  ordinance,  and  for  all  necessary  expenses 
thereafter  incurred. 

Respectfully  submitted, 

Benjamin  H.  Orr, 
Chairman. 

The  Committee  on  Finance  made  the  following  report: 


246 


To  the  Hon.  President  and  Members  of  the  Convention: 

Your  Finance  Committee  would  respectfully  submit  the  fol- 
lowing tax  ordinance. 

Fred.  Parsons, 
Chairman. 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  LEVY  AND  COLLECTION  OF  A 
SPECIAL  TAX  UPON  THE  PROPERTY  IN  THE  STATE  OF  MISSISSIPPI, 
IN  CONFORMITY  WITH  THE  8TH  SECTION  OF  AN  ACT  ENTITLED  AN 
ACT  SUPPLEMENTARY  TO  AN  ACT  OF  THE  CONGRESS  OF  THE  UNITED 
STATES,  PASSED  MARCH  23,  1867,  PROVIDING  AS  FOLLOWS: 

"  Sec.  8.  And  be  it  further  enacted,  That  the  Convention  for 
each  State  shall  prescribe  the  tees,  salary,  and  compensation  to 
be  paid  to  all  delegates  and  other  officers  and  agents  herein 
authorized,  or  necessary  to  carry  into  effect  the  purposes  of  this 
act,  not  herein  otherwise  provided  for,  and  shall  provide  for  the 
levy  and  collection  of  such  taxes  on  the  property  in  such  State 
as  may  be  necessary  to  pay  the  same." 

Sec  1.  Be  it  therefore  ordained,  That  we,  the  people  of  Mis- 
sissippi, in  convention  assembled,  in  compliance  with  the  Act 
of  Congress  herein  cited,  and  for  the  purpose  of  pa}ring  the 
necessary  expenses  of  the  Convention  under  and  by  virtue  of 
said  Act  of  Congress,  a  special  tax  of  fifty  per  cent,  on  the 
amount  of  the  State  tax  assessed  upon  the  real  and  personal 
property  in  this  State  for  the  year  1867,  be,  and  the  same- is 
hereby  levied,  and  that  this  amount  shall  be  added  to  the  State 
tax  assessment  rolls  for  the  year  aforesaid. 

Sec.  2.  Be  it  f  urther  ordained,  That  a  special  tax  of  one- 
half  of  one  per  cent,  be,  and  the  same  is  hereby  levied  upon  the 
value  of  the  stock  now  on  hand  in  each  and  every  dry  goods, 
grocery,  drug  or  provision  store,  and  stocks  of  goods  and  mer- 
chandise, and  all  other  movable  or  personal  property  of  every 
kind  and  nature,  not  herein  otherwise  provided  for. 

Sec.  3.  Be  it  further  ordained,  That  a  special  tax  of  one 
dollar  per  bale  be  and  the  same  is  hereby  levied  upon  each  and 
every  bale  of  cotton  now  in  this  State.  Said  tax  may  be  paid 
in  the  county  where  said  cotton  was  grown,  but  if  not  paid, 
said  tax  shall  be  collected  at  any  point  of  shipment  on  the  Mis- 
sissippi river,  or  any  other  river  or  navigable  water-course,  or 
at  any  point  or  place  where  cotton  is  placed,  on  an y  water  craft, 
railroad  car,  wagon  or  other  conveyance  w here  cotton  is  being 
removed  out  of  the  State  or  beyond  the  limits  thereof;  and  if 
said  tax  has  been  paid  in  the  county  where  said  cotton  was 
grown  or  produced,  the  receipt  of  the  Sheriff  of  said  county  or 
his  lawful  deputy,  shall  entitle  said  cotton  to  be  shipped  out  of 
this  State  without  further  tax;  and  if  any  person  or  persons- 
having  charge  of  the  means  of  transportation  aforesaid,  either 
as  owner,  agent,  or  otherwise,  shall  transport,  or  offer  to  trans- 
port, or  permit  the  same  to  be  transported  (if  in  his  or  their 
power  to  prevent),  any  cotton  subject  to  this  tax,  and  upon 


247 


which  it  has  not  been  paid,  such  person  or  persons  shall  be 
liable  to  a  fine  of  five  dollars  for  each  and  every  bale  so  trans- 
ported in  violation  of  this  ordinance,  recoverable  before  the 
Mayor  of  any  city  or  town,  or  before  any  Justice  of  the  Peace 
of  this  State,  or  before  any  other  court  having  competent  ju- 
risdiction. 

Sec.  4.  Be  it  further  ordained,  That  it  shall  be  the  duty  of 
the  several  Sheriffs  and  ex  officio  Tax  Collectors  to  give  imme- 
diate notice,  on  receipt  of  this  ordinance,  that  they  will  proceed 
to  collect  the  taxes  herein  levied,  and  that  to  all  taxes  remain- 
ing unpaid  at  the  expiration  of  ten  days  from  the  date  of  said 
notice,  twenty-five  per  cent,  will  be  added  to  the  amount  of 
said  tax,  and  that  an  additional  twenty-five  per  cent,  for  the 
next  ten  days,  and  that  if  said  tax  shall  remain  due  and  un- 
paid at  the  expiration  of  twenty  days  from  the  date  of  said 
notice,  said  Sheriff  or  Tax  Collector  shall  seize  upon  and  take 
into  his  possession  a  sufficient  amount  of  the  movable  property 
of  the  defaulting  party  to  satisfy  the  amount  of  tax  due. 
together  with  the  fifty  per  cent,  herein  authorized  to  be  added, 
and  the  costs  of  levy  and  sale,  and  shall  sell  the  same  within 
three  days  after  such  levy;  Provided,  Said  property  is  not 
redeemed  by  the  owner  or  owners  thereof,  by  paying  said 
t&xes,  with  additional  charges;  Provided,  farther,  That  said 
Sheriff  or  Tax  Collector  shall  give  two  days'  notice  of  the  time 
and  place  of  sale,  with  a  description  of  the  property  to  be 
sold  hy  advertisements  put  up  in  three  public  places  in  the 
county,  and  if,  for  any  cause,  no  bidders  shall  appear  at  such 
sale,  it  shall  be  the  duty  of  said  Sheriff  or  Tax  Collector  to 
remove  said  property  to  any  place  where  the  same  can  be  sold, 
and  said  property  shall  then  and  there  be  disposed  of  without 
clelaj',  and  if  an}>-  of  the  proceeds  of  such  sale  shall  remain  after 
paying  said  taxes,  additions  and  cost,  the  same  shall  be  returned 
to  the  person  upon  whom  the  levy  was  made. 

Sec.  5.  Be  it  further  ordained,  That  the  Sheriff  or  Tax 
Collector  shall  have  power  to  administer  an  oath  to  an}"  person 
or  persons,  as  to  his  or  their  valuation  of  stock  on  hand,  or  of 
the  personal  property  now  in  their  possession,  and  shall  have 
power  to  examine  all  books  and  papers  of  merchants  and 
others,  in  order  to  cany  out  the  provisions  of  sections  two  and 
three  of  this  ordinance,  and  if  any  person  shall  refuse  to  take 
such  oath,  or  if  the  said  Sheriff  shall  be  dissatisfied  as  to  the 
statement  of  the  value,  or  amount  of  personal  property  or  of 
stock  on  hand,  he  shall  have  power  .to  call  in  a  disinterested 
citizen  of  the  county,  to  assess  such  property  and  such  per- 
son's decision  shall  be  final  and  binding  upon  all  parties. 

Sec.  6.  Be  it  further  ordained,  That  warrants  issued  by 
authority  of  this  Convention,  and  no  others,  and  the  currency  of 
the  United  States,  shall  be  received  by  the  several  Sheriffs,  Tax 
Collectors  and  Treasurer  of  this  Convention  in  payment  of 
the  tax  herein  assessed. 

Sec.  7.  Be  it  further  ordained,  That  the  Sheriff  and  Tax  Col- 
lector shall,  at  the  end  of  every  five  days  (beginning  ten  days 


24S 


after  the  receipt  of  a  cop}' of  this  ordinance),  transmit  to  the 
Treasurer  of  this  Convention  the  amount  of  moneys  so  col- 
lected and  warrants  so  received,  with  a  statement  of  the  names 
of  persons  from  whom  collected,  and  the  amount  each  one  has 
paid,  and  when  the  tax  is  all  collected,  said  Collectors  shall 
forward  to  said  Treasurer  a  final  statement  of  the  money  so 
collected,  together  with  an  affidavit  that  said  statement  con- 
tains a  true  and  correct  exhibit  of  all  moneys  collected  by 
him  under  and  b}r  virtue  of  the  provisions  of  this  ordinance; 
Provided,  That  the  mone}-s  herein  directed  to  be  sent  to  said 
Treasurer,  shall  in  all  cases  be  forwarded  through  the  nearest 
express  office,  and  that  each  Collector  shall  be  reimbursed  for  all 
expenses  incurred  in  transmitting  said  funds  to  the 
Treasurer;  Provided,  further,  That  where  there  is  no  express 
office  in  the  county,  then  and  in  that  case,  the  Collector  shall 
only  be  required  to  make  returns  as  herein  provided,  once  in 
every  ten,  instead  of  five  days;  Provided,  farther,  That  any 
person  or  persons  who  shall  have  paid  any  tax  upon  any  prop- 
erty under  and  by  virtue  of  any  ordinance  heretofore  passed 
by  this  Convention,  shall  be  exempt  from  payment  of  a  fur- 
ther tax  upon  such  property  under  this  ordinance. 

Sec.  8.  Be  it  further  ordained,  That  the  Sheriffs  and  Tax 
Collectors  shall  receive  in  full  compensation  for  services  in 
collecting  said  tax,  five  per  cent,  of  the  amount  so  collected. 

Sec.  9.  Be  it  further  ordained,  That  the  taxes  due  from 
railroads,  under  and  by  virtue  of  this  ordinance  shall  be  col- 
lected as  follows:  Upon  the  New  Orleans,  Jackson  and  Great 
Northern  Railroad,  by  the  Sheriff  of  Hinds  county;  upon  the 
Vicksburg  and  Meridian  Railroad,  by  the  Sheriff  of  Warren 
count}' ;  upon  the  Mississippi  Central  Railroad,  by  the  Sheriff 
of  Holmes  county;  upon  the  Mobile  and  Ohio  Railroad,  by  the 
Sheriff  of  Lowndes  county ;  upon  the  Mississippi  and  Tennes- 
see Railroad,  by  the  Sheriff  of  Yalobusha  county;  upon  the 
Meridian  and  Selma  Railroad,  by  the  Sheriff  of  Lauderdale 
county;  upon  the  Memphis  and  Charleston  Railroad,  by  the 
Sheriff  of  Tishomingo  county;  upon  the  West  Feliciana  Rail- 
road, hy  the  Sheriff  of  Wilkinson  county;  upon  the  Grand 
Gulf  and  Port  Gibson  Railroad,  by  the  Sheriff  of  Claiborne 
county.  And  if  any  Railroad  Company  shall  neglect  or  re- 
fuse to  pay  the  tax  levied  under  and  by  virtue  of  this  ordi- 
nance, the  Sheriffs  of  the  counties  above  named  shall  have 
power,  and  they  are  hereby  authorized  to  seize  upon  the  mate- 
rials or  the  rolling  stock  of  such  railroads  that  may  come 
within  their  jurisdiction,  and  hold  the  same  until  snd  taxes 
are  paid,  together  with  all  expenses  incurred  in  seizing  upon  and 
holding  said  property. 

Sec.  10.  Be  it  further  ordained,  That  the  taxes  due  from 
any  Express  or  Telegraph  Company  by  reason  of  this  ordi- 
nance, shall  be  collected  by  the  Sheriff  of  Hinds  county. 

Sec.  11.  Be  it  further  ordained,  That  when  smy  real  estate 
shall  be  assessed,  and  no  personal  property  of  the  delinquent 
tax  payer  can  be  found  upon  which  to  levy  said  taxes,  the 


249 


said  Sheriffs  or  Tax-Collectors  shall  proceed  as  now  required 
by  law  for  the  sale  of  lands  for  taxes. 

Sec.  12.  Be  it  further  ordained.  That  the  said  Sheriffs  or 
Tax  Collectors  shall  have  power  to  appoint  any  and  all  depu- 
ties (being  responsible  for  the  faithful  performance  of  their 
duty),  to  carry  into- immediate  effect  the  provisions  of  this 
ordinance  ;  and  any  Sheriff,  Tax  Collector  or  deputy,  who  shad 
neglect  or  refuse  to  carry  out  the  provisions  of  this  ordi- 
nance, shall  be  liable  to  the  same  penalties  as  defaulting  Tax 
Collectors. 

Sec.  13.  Be  it  further  ordained,  That  the  Treasurer  heretofore 
elected  by  this  Convention  shall  continue  in  office  during  its  ses- 
sion and  such  further  time  as  may  be  necessary  to  carry  out  the 
provisions  of  this  ordinance.  He  shall  receive  the  same  com- 
pensation as  members  of  this  Convention;  and  it  shall  be  his 
duty  to  provide  all  books,  blank  notices  and  receipts  necessary  to 
carry  out  the  provisions  of  this  ordinance,  and  forward  the 
same  to  the  several  Sheriffs  or  Tax  Collectors.  He  shall  also 
tile  a  bond  with  the  President  of,  and  to  be  approved  by  the 
Convention,  in  the  sum  of  thirty  thousand  dollars,  for  the 
faithful  performance  of  his  duties. 

Sec.  14.  Be  it  further  ordained,  That  the  office  of  the  Treas- 
urer shall  be  in  the  State  House,  in  the  city  of  Jackson,  and 
shall  be  kept  open  from  9  o'clock  a.  m.,  until  4  o'clock  p. 
each  day  (Sundays  excepted). 

Sec  15.  Be  it  further  ordained.  That  the  Treasurer  shall 
receive  and  disburse  all  moneys  collected  under,  and  by  virtue 
of  this  ordinance:  Provided,  That  no  disbursement  shall  be 
made,  except  upon  warrants  signed  by  the  President  and  coun- 
tersigned by  the  Secretary.  He  shall,  as  often  as  may  be  deemed 
necessary  by  this  Convention,  furnish  a  detailed  statement  of 
all  moneys  received  and  disbursed  by  him  in  accordance  with 
this  ordinance,  and  all  books  and  papers  appertaining  to  his 
office,  shall,  at  all  times,  be  open  to  the  inspection  of  the  Fi- 
nance, or  other  committee,  specially  appointed  by  the  Conven- 
tion for  that  purpose. 

Sec.  16.  Be  it "further  ordained,  That  if  any  moneys  shall 
remain  in  the  hands  of  Treasurer,  after  paying  the  expenses  of 
the  Convention,  it  shall  be  invested  in  United  States  securities, 
at  their  market  value,  which  securities  shall  be  held  subject 
to  the  order  of  the  next  Legislature,  at  its  first  meeting:  Pro- 
vided, If  this  Convention  shall  be  again  called  together,  in  that 
case,  the  securities  shall  be  held  subject  to  the  order  of  the 
Convention. 

Sec.  17.  Be  it  further  ordained,  That  any  Sheriff,  Tax  Collec- 
tor, or  Treasurer,  appointed  by  this  Convention,  who  sball  em- 
bezzle or  fraudulently  use,  loan,  convert,  or  attempt  to  convert, 
any  of  said  funds  herein  authorized  to  be  collected,  to  his  own 
use,  or  apply  them  in  any  manner  not  herein  provided  for.  he 
shall  be  deemed  guilty  of  embezzlement,  and  shall  be  prosecuted 
in  any  court  in  this  State  having  competent  jurisdiction,  and 
upon  conviction,  shall  be  fined  and  imprisoned  as  now  pro- 
vided for  by  law  in  case  of  State  and  county  officers. 


250 


Sec.  18.  Be  it  further  ordained,  That  an  ordinance  providing 
ing  for  the  levy  and  collection  of  a  tax  to  defray  the  expenses 
of  the  Constitutional  Convention  of  the  State  of  Mississippi, 
passed  February  19,  1868,  be  and  the  same  is  hereby  repealed. 

Mr.  Musgrove  moved  to  suspend  the  rules,  to  take  action  on 
the  report  of  the  Committee  on  Finance;. 

Which  was  carried. 

Mr.  Stricklin  moved  to  make  the  bill  the  special  order  for  7-J 
o'clock  this  evening. 

A  motion  to  lay  on  the  table  was  lost. 

Mr.  Morgan  moved  to  amend  the  resolution  of  the  delegate 
from  Tippah,  as  follows: 

"That  a  copy  of  the  bill  be  immediately  furnished  to  the 
Official  Printer,  to  be  printed  and  placed  in  the  possession  of 
the  delegates  by  1\  o'clock  this  evening,  and  that  it  be  made 
the  order  of  the  day  for  10  o'clock  to-morrow; 

Which  was  adopted. 

Report  of  the  Special  Committee  appointed  to  investigate 
charges  against  the  Hon.  R.  C.  Merryman.  delegate  from  Lau- 
derdale county: 

Mr.  President  and  Gentlemen  of  the  Convention : 

The  special  committee  to  whom  was  referred  the  charges 
against  the  Hon.  R.  C.  Merryman,  of  Lauderdale  county,  beg 
leave  to  make  the  following  report: 

They  have  investigated  the  facts  as  fully  as  possible,  and 
submit  the  following  testimony  of  C.  F.  Norris,  W.  Lawson, 
and  C.  T.  Lawson.  They  also  report  that  Mr.  Merryman  made 
a  verbal  statement  to  the  Convention  to  the  etfect  that  he 
knew  very-  little  of  the  affair  on  Sunday  evening,  for  the  rea- 
son that  he  was  so  much  intoxicated  at  the  time;  that  he  did 
not  come  to  the  house  with  soldiers,  but  with  respectable  citi- 
zens: that  if  he  acted  as  was  alleged,  he  was  very  sorry;  he 
did  not  intend  any  injury  to  Mr.  Norris,  or  anything  of  the 
kind,  and  is  willing  to  apologize  to  the  Convention,  and  to  any 
persons  whom  he  may  have  annoyed;  that  he  and  the  party 
only  came  to  the  House  for  the  purpose  of  having  a  place  by 
the  fire  to  talk  and  spend  a  few  moments  ;  that  he  does  not 
remember  what  happened,  for  the  reason  before  stated. 

Your  special  committee,  therefore,  submit  the  facts  adduced 
by  them,  in  order  that  the  Convention  may,  unbiased  by  any 
recommendations,  judge  for  itself  what  action  shall  be  had  in 
the  premises. 

They  also  make  the  further  statement  that  they  have  been 
unable,  to  find  out  who  were  the  persons  who  came  into  the 
House,  accompanied  by  Mr.  Merryman. 
And  your  committee  ask  to  be  discharged. 

Geo.  C.  McKee,  Chairman. 
W.  W.  Gaithek, 
C.  P.  Neilson, 
H.  W.  Barry, 

J.  Aaron  Moore,  Committee. 


251 


C.  F.  Norris.  Doorkeeper,  being'  duly  sworn,  says: 
On  Sunday  night  I  was  sleeping  in  the  hall;  several  persons 
came  about  12  o'clock  at  night,  and  tried  to  get  in;  failed  to  do 
so:  they  then  tried  the  back  way:  they  then  came  again  to  the 
front  door,  and  some  one  said.  "Norris  is  in  there,  sure,"  and 
then  they  called  my  name  several  times.  I  went  to  the  door: 
as  I  opened  it.  Mr.  Merryman  seized  me  by  the  arm  and  said, 
••  boys,  come  on.  I  have  got  him."  I  then  said,  "let  me  get 
my  pants  and  I'll  go  with  you."  He  let  me  go.  and  I  went  and 
got  my  pants  and  went  out  the  back  way;  when  I  got  away 
from  him.  he  called  for  me  to  light  the  gas.  but  I  went  out 
without  doing  so ;  he  didn't  know  that  I  was  going  out  the, 
back  way:  when  Merryman  seized  me,  there  was  another  man. 
in  citizens  clothes,  stood  just  back  of  him:  quite  a  number  of 
men  stood  at  the  farther  end  of  the  passage:  when  Merryman 
called  for  them  to  "come  on."  they  came  forward,  but  before 
they  came  up  I  had  gone  ;  I  never  before  had  any  difficulty  with 
Mr.  Merryman. 

C.  F.  Norris. 

Wesley  Lawson.  delegate  from  Lawrence  county,  being  duly 
sworn,  says : 

On  Sunday  night,  about  12  o'clock,  I  was  sleeping  with  Mr. 
Norris,  the  Doorkeeper,  in  the  hall:  several  persons  came  in 
after  Norris  had  gone;  they  at  once  lighted  the  gas,  and  said 
several  times,  "  where' s  Norris!  where" s  Norris!"  Some  of 
them  came  to  me.  and  looked  at  me  once  or  twice  to  see  if  I 
was  Norris;  one  of  them  saw  my  watch  and  chain,  and  took 
hold  of  it  and  pulled  it  out:  I  seized  a  stick  and  told  him  he 
must  take  me  if  he  took  my  watch:"  I  then  got  my  watch 
back;  some  one  then  took  my  pants  and  tried  to  search  the 
pockets,  but  I  stopped  them:  they  then  turned  off  the  gas;  in 
the  dark  I  tried  to  find  my  coat;  found  it  thrown  over  the 
shoulders  of  one  of  the  men;  took  it  away,  and  gathering  ail 
my  tilings.  I  went  back  to  my  place  :  some  one  of  the 
men  took  my  pipe  away;  they  lighted  the  gas  again;  Mr.  Mer- 
ryman went  up  to  the  President's  desk;  he  also  looked  over 
the  papers  on  the  Secretary's  desk:  there  were  twelve  men  in 
the  house,  and  I  heard  others  outside,  in  the  entrance  ;  two 
were  dressed  in  citizens  clothes,  and  ten  were  in  soldiers  dress; 
the  soldiers  had  on  coats  and  blouses;  some  had  caps  and 
some  had  hats:  it  was  a  citizen  who  tried  to  take  my  watch; 
a  soldier  examined  the  letters  in  the  Secretary's  desk:  one 
letter  he  tore  up  and  threw  upon  the  floor  after  reading  it ; 
several  desks  and  drawers  of  the  members  were  ransacked;  a 
citizen  put  in  his  pocket  a  letter  or  paper  from  Mr.  Watson's 
desk  or  drawer:  they  staid  in  the  house  about  three-quarters  of 
an  hour:  Mr.  Merryman  was  the  only  one  whom  1  recognized: 
he  did  not  look  like  he  was  in  liquor:  on  Monday  morning  I 
spoke  to  Mr.  C.  T.  Lawson  about  my  pipe:  he  said  Mr.  Merry- 
man would  pay  for  it  if  I  would  say  nothing  about  it:  none  of 
the  men  seemed  to  be  intoxicated;  Mr.  Merryman  did  not 
trouble  me;  it  was  others  who  did  it. 

W.  Laws  ox. 


252 


Mr.  C.  T.  Lawson,  Committee  Clerk,  being  duly  sworn, 
deposes  and  sa}'S: 

Mr  Merryman  drank  a  great  deal  on  Sunday;  be  came  home 
on  Sunday  night,  about  12  o'clock,  in  a  state  of  wild  excite- 
ment from  liquor  ;  he  begged  me  to  take  care  of  him  ;  I  thought 
he  was  going  to  have  an  attack  of  mania  a  potu ;  on  this 
(Monday)  morning  he  was  very  sick;  I  saw  Mr.  W.  Lawson; 
lie  said  he  had  lost  his  pipe,  and  wished  me  to  see  Mr.  Merry- 
man  about  it;  I  did  so;  Mr.  Merryman  said  he  knew  nothing 
of  the  pipe,  but  would  pay  for  it  rather  than  have  a  fuss  about 
it. 

C.  T.  Laws  ox. 

The  report  was  received. 

The  galleries  and  lobbies  were  then  ordered  to  be  cleared. 
The  following  communication  was  then  received  from  Mr. 
Merryman : 

Mississippi  Constitutional  Convention,) 
Jackson,  Miss.,  February  25,  1868.  [ 

To  the  Honorable  President  and  Members  of  the  Convention: 

Gentlemen — The  undersigned  would  very  respectfully  ex- 
press his  regret  and  profound  sorrow,  to  the  Convention,  that 
his  conduct  should  have  been  thought  a  subject  for  the  action 
or  animadverson  of  this  honorable  body. 

He  begs  leave  to  say,  that  the  indiscretion  of  which  he  may 
have  been  guilty,  was  not  committed  at  an  hour  when  he  might 
have  justly  incurred  the  censure  of  this  honorable  bod}',  but 
that  as  evidence  taken  before  your  honorable  committee  ex- 
hibited, the  alleged  offence  occurred  at  a  very  late  hour  on 
Sunday  night,  and  in  the  opinion  of  many  friends  ot  the  un- 
dersigned, at  a  time  when  he  was  not  responsible  for  such 
thoughtlessness. 

He  would  farther  state,  that  whilst  conscious  that  inebriety 
can  hardly  be  pleaded  as  an  excuse  for  misconduct,  had  that 
imprudence  not  have  happened,  hetwould  not  now  have  had 
to  experience  the  humiliation  of  this  apology. 

I  have  the  honor  to  be, 

With  the  highest  respect, 

Your  most  obedient  servant. 

R.  C.  Merryman. 

Mr.  Musgrove  moved  to  suspend  Mr.  Merryman  for  ten  days. 

Mr.  Holland  moved  to  amend  by  substituting  "twenty-five/*' 
for  "  ten,"  days. 

Mr.  Herbert  moved  to  lay  both  the  motion  and  amendment  on 
the  table; 

Which  was  lost. 

Mr.  Gait  her  moved  that  Mr.  Merryman  be  reprimanded  by 
the  President  of  this  Convention,  for  his  acts  and  conduct,  on 
the  occasion  mentioned  in  the  report  of  the  committee. 

A  motion  to  la}'  the  amendment  on  the  table  was  carried. 

Mr.  Fitzhugh  moved  to  am  cod  as  follows: 


•* 

253 

For  crimes  committed  in  this  hall,  and  against  the  officers  of 
this  Convention,  charged  and  proved  in  the  report  of  the  com- 
mittee, that  Mr.  Merryman,  the  member  from  Lauderdale,  he 
expelled  from  the  seat  he  occupies  as  a  member  of  this  Con- 
vention. 

A  motion  to  lay  the  amendment  on  the  table,  was  tost. 
Mr.  Howe  moved  the  previous  question, 
Which  was  sustained. 

Mr.  Orr  claimed  the  right  to  explain  his"  vote,  after  the 
Secretary  commenced  to  call  the  roll. 
Which  the  Chair  decided  out  of  order. 

Mr.  Orr  appealed  from  the  decision  of  the  Chair,  and  the  Chair 
was  sustained. 

The  amendment  of  Mr.  Fitzhugh  was  lost,  by  the  following 
vote : 

Yeas — Messrs.  Alderson,  Barry,  Bonney,  Caldwell,  Fitzhugh, 
Handy,  Hauser,  Holland,  Howe,  Johnson  A.,  Lawson,  Leonard, 
Moore,  Morgan,  Mygatt,  McKee,  Peyton  E.  G.,  Railaback, 
Rainey,  Stewart,  Stites,  Stringer,  Warren,  Woodmansee — 25. 

Nays — Messrs.  Ballard,  Beam,  Bridges,  Brinson,  Castelio, 
Chapman,  Chappell,  Combash,  Con  ley,  Cunningham,  Dalton, 
Elliott  John,  Elliot  James,  Fawn,  Gaither,  Gibbs,  Goss,  Gray, 
Hutto,  Jacobs,  Jones,  May  son,  Mask,  Musgrove,  Montgomery, 
Myers,  McKnight,  Neilson,  Nelms,  Nesbitt,  Newsom,  Ozanne, 
Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Phillips,  Quinn,  Smith, 
Stovall,  Stricklin,  T03',  Vaughan,  Watson,  and  Yeoman — 44. 

The  hour  having  arrived  for  the  consideration  of  the  special 
order  of  the  day, 

The  rules  were  suspended,  and  the  Convention  proceeded 
with  the  consideration  of  the  case  of  Mr.  Merryman. 

Mr.  Orr  desired  to  explain  the  vote  he  was  about  to  cast. 
The  President  decided  that  after  the  previous  question  had 
been  sustained,  no  explanations  were  in  order. 

Mr.  Orr  appealed  from  the  decision  of  the  Chair,  and  the 
Chair  was  sustained. 

The  question  recurring  on  the  amendment  of  Mr.  Holland, 
it  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Bonnej^,  Caldwell,  Holland,  Leas  Musgrove, 
Mygatt,  McKee,  Railsback,  Stringer,  and  Woodmansee — 1C. 

Nays — -Messrs.  Alderson,  Ballard,  Barry,  Bridges,  Brinson, 
Castelio,  Chapman,  Chappell,  Clarke,  Combash,  Conley,  Cun- 
ningham, Dalton,  Drane,  Elliott  John,  Elliott  James,  Fawn, 
Field,  Fitzhugh,  Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hauser, 
Howe,  Hutto,  Jacobs,  Johnson  A.,  Jones,  Lawson,  Leonard, 
Mayson,  Mask,  Montgomery,  Moore,  Morgan,  Myers,  McKnight, 
Neilson,  Nelms,  Ntsbitt,  Newsom,  Orr,  Ozanne,  Parsons  F,, 
Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Quinn. 
Rainey,  Smith,  Stewart,  Stiles,  Toy,  Vaughan,  Walker,  Wat- 
son, Warren,  and  Yeoman — 67. 

And  the  motion  of  Mr.  Musgrove  was  lost. 
The  Bill  of  Rights  was  taken  up  for  consideration, 
And  section  23  was  adopted  as  printed, 
Convention  adjourned,  to  meet  at  3  o'clock  f,  m. 


254 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Mr.  Holland  offered  the  following: 

Whereas,  The  Congress  of  the  United  States  did  on  the 
24th  instant,  impeach  Andrew  Johnson,  acting  President  of  the 
United  States,  by  a  vote  of  126  to  47;  therefore  be  it 

Resolved,  That  this  Convention  express  its  approval  of  such 
action. 

A  motion  to  lay  on  the  table,  was  lost,  by  the  following 
vote : 

Yeas — Messrs.  Ballard,  Beam,  Con  ley,  Cunningham,  Dalton, 
Elliott  John,  Gaither,  Goss,  Hutto,  Jones,  Lack,  Longmire, 
Mask,  Montgomery,  Nelms,  Nesbitt,  Phillips.  Rainey,  and 
Walker— 19. 

Nays — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Bridges, 
Brinson,  Caldwell,  Castello,  Chapman,  Clarke,  Combash,  Drane, 
Fawn,  Fitzhugh,  Handy,  Gibbs,  Holland,  Howe,  Jacobs,  Jami- 
son, Johnson,  A.,  Law  son,  Leas,  Leonard,  May  son,  Musgrove, 
Moore,  Morgan,  Myers,  Mygatt,  McKee,  McKnight,  Newsom, 
Ozanne,  Parsons,  F.,  Parsons,  J.  R.,  Peyton,  E.  A.,  Quinn,  Rails- 
back,  Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy, 
Warren,  Woodmansee,  Yeoman — 49. 

Mr.  Combash  moved  the  previous  question; 

Which  was  lost. 

The  Convention  proceeded  to  the  consideration  of  the  Bill 
of  Rights. 

Mr.  Peyton,  of  Hinds,  moved  to  reconsider  the  action  adopt- 
ing the  23d  section  as  printed. 

Mr.  Cunningham  moved  the  previous  question,  which  was 
sustained;  and  the  motion  to  reconsider  was  lost. 

Mr.  Orr  gave  notice  that  on  to-morrow,  he  would  move  a 
reconsideration  of  the  vote  on  the  resolution  relating  to  Mr. 
Merryman. 

Section  24: 

Mr.  Clarke,  of  Yazoo,  moved  to  amend,  by  striking  out  all 
after  "so,"  in  third  line,  and  insert:  "Provided,  a  member  of 
a  religious  society  whose  established  rules  of  church  govern- 
ment prohibit  him  from  bearing  arms  or  from  paying  an 
equivalent,  he  shall  be  exempt  from  distress  in  person  and 
property,  for  non-pay ment  of  such  equivalent;" 

Which  was  laid  on  the  table. 

Mr.  Alderson  offered  the  following  amendment: 
No  person  conscientiously  -opposed  to  war  on  religious  prin- 
ciples, shall  ever  be  forced  to  bear  arms,  but  may  be  required 
to  supply  a  substitute; 

Which  was  laid  on  the  table. 

Mr.  Alderson  moved  to  postpone  indefinitely  the  considera- 
tion of  the  section ; 

Which  was  laid  on  the  table. 
Mr.  Barry  offered  the  following: 


255 


After  the  word  "who,"  read  "whose  religious  and  conscien- 
tious scruples  forbid  their  bearing;  " 
Which  was  laid  on  the  table. 
And  section  24  was  adopted  as  printed. 

Section  25:  Mr.  Stricklin,  of  Tippah,  moved  to  amend,  as 
follows : 

Except  such  institutions  as  are  governed  by,  or  established 
for  the  benefit  of  white  or  colored  persons,  exclusively; 
Which  motion  was  laid  on  the  table. 

Mr.  Railsback  moved  the  adoption  of  section  25,  as  printed: 
and  on  that  motion,  moved  the  previous  question. 
Which  was  sustained. 

And  the  section  was  adopted,  as  printed,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Barry.  Bonney,  Bridges,  Brin- 
son,  Caldwell,  Castello,  Chappell,  Clarke,  Conley,  Cunningham, 
Drane,  Fawn,  Field,  Fitzhugh,  Handy,  Hauser,  Holland,  Jacobs, 
Johnson  A.,  Lawson,  Leonard,  Mayson,  Myers,  Mygatt,  Moore, 
McKee,  Newsom,  Orr,  Ozanne,  Peyton  E.  A.,  Railsback,  Smith, 
S  tewart,  Stringer,  Stiles,  Toy,  Warren,  Weir,  Woodmansee — 41. 

Nays — Messrs.  Alderson,  Beam.  Chapman,  Combash,  Dalton, 
Elliott  John,  Elliott  James,  Gaither,  Gibbs,  Goss,  Gray,  Hem- 
mingway,  Herbert,  Howe,  Hutto.  Jamison,  Jones,  Lack,  Leas, 
Longmire,  Musgrove,  Montgomery.  McKnight,  Neilson,  Nelms, 
Nesbitt,  Parsons  F.,  Parsons  J.  R.,  Phillips,  Quinn,  Rainey. 
Stovall,  Stricklin,  Yaughan,  Watson,  and  Yeoman — 35. 

Mr.  Stiles  moved  to  reconsider; 

Which  was  laid  on  the  table,  by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Ballard.  Barry,  Bonney,  Bridges, 
Brinson,  Caldwell,  Chappell,  Clarke,  Dalton,  Drane,  Elliott 
James,  Fawn,  Field,  Fitzhugh,  Handy,  Flerbert,  Holland,  Hutto. 
Jacobs,  Jamison,  Johnson  A.,  Leonard,  Mayson,  Musgrove. 
Moore,  Myers,  Mygatt,  Newsom,  Orr,  Ozanne,  Peyton  E.  A.. 
Quinn,  Railsback,  Smith,  Stewart,  Stites,  Stringer,  Toy,  Weir, 
and  Woodmansee — 41. 

Nays — Messrs.  Alderson,  Beam.  Brinson,  Castello,  Chapman, 
Combash,  Conley,  Cunningham,  Elliott  John,  Gaither,  Gibbs. 
Goss,  Gray,  Howe,  Jones,  Lack,  Leas,  Longmire,  Montgomery. 
McKee,  McKnight,  Neilson,  Nelms,  Nesbitt,  Parsons  F.,  Par- 
sons J.  R.,  Phillips,  Rainey,  Stovall,  Stricklin,  Stites,  Vaughan, 
Watson,  Warren,  and  Yeoman — 34. 

Section  26:  Mr.  Stiles  moved  to  postpone  indefinitely; 

Which  was  laid  on  the  table. 

Mr.  Orr  called  for  the  previous  question  on  the  adoption  oi 
section  26,  as  printed; 
Which  was  sustained. 
And  the,  section  was  adopted,  as  printed. 
Mr.  Cunningham  moved  to  reconsider  the  vote  last  taken. 
Mr.  Gibbs  moved  to  table; 
Which  was  lost. 

Mr.  Castello  moved  the  previous  question ; 

Which  was  sustained. 

And  the  motion  to  reconsider  was  lost. 


256 


Section  27  :  Mr.  Neilson  moved  to  amend,  as  follows: 
Amend,  by  striking  out  all  after  the  word  "  State,"  in  fourth 
line. 

Mr.  Alderson  moved  the  previous  question; 

Which  was  not  sustained. 

A  motion  to  adjourn  was  lost. 

And  section  27  lies  over. 

Section  28:  Mr.  Jacobs  moved  to  amend  as  follows: 
After  the  word  "  travel,"  insert  "  upon  all  public  convey- 
ances." 

Mr.  Oit  moved  to  amend  as  follows: 

Insert  alter  the  word  "travel,"  in  second  line,  "on  all  pub 
lie  conveyances,  and  be  entertained  in  all  public  places."' 
Mr.  Gibbs  moved  to  lay  the  amendments  on  the  table; 
Which  was  lost. 

Mr.  McKee  moved  the  previous  question; 

Which  was  sustained,  and  the  amendment  of  Mr.  Orr  was 
lost,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonuey,  Bridges, 
Brinson,  Caldwell,  Castello,  Chappell,  Combash,  Drane,  Fawn, 
Field,  Fitzhugh,  Handy,  Jacobs,  Johnson,  Lawson,  Leas, 
Leonard,  May  son,  Musgrove,  Moore,  Myers,  Mygatt,  McKee, 
Newsom,  Orr,  Parsons  F.,  Railsback,  Stewart,  Stites,  Stringer, 
Toy,  and  Warren — 35. 

Nays — Messrs.  Beam,  Conle}T,  Cunningham,  Dalton,  Elliott 
John,  Elliott  James,  Gaither,  Gibbs,  Goss,  Gray,  Herbert, 
Howe,  Hutto,  Jamison,  Jones,  Lack,  Longmire,  Mask,  Mont- 
gomery, McKnight,  Neilson,  Nelms,  Nesbitt,  Ozanne,  Parsons 
J.  K.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Rainey,  Smith, 
Stovall,  Stricklin,  Stiles,  Vaughan,  Walker,  Watson,  Weir,  and 
Yeoman — 38. 

And  the  amendment  of  Mr.  Jacobs  was  adopted. 

And  section  28  was  adopted  as  amended. 

Convention  adjourned  to  meet  at  half  past  7  o'clock  p.  m. 

NIGHT  SESSION, 

Convention  met  pursuant  to  adjournment. 
No  quorum  being  present,  the  Convention  adjourned  until 
9  o'clock  to-morrow  morning, 

T.  P.  Sears, 

Secretary 


FORTY-FOURTH  DAY, 

Jackson,  Miss,,  Wednesday,  February  26th,  1868, 

The  Convention  met  pursuant  to  adjournment. 
Prayer  b\7  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names; 


257 


Mr.  President,  Messrs.  Alder  son,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Conley,  Cunningham,  Dalton, 
Drane,  Elliott  John,  Elliott  James,  Fawn,  Field,  Fitzhugh, 
Gaither,  Gibbs,  Goss,  Gray,  Hand}',  Hauser,  Holland,  Howe. 
Hutto,  Jacobs,  Jamison,  Johnson  A.,  Jones,  Lack,  Lawson. 
Leas,  Leonard,  Longmire,  Mayson,  Mask,  Musgrove,  Mont- 
gomery, Merryman,  Moore,  Morgan,  Myers,  Mygatt,  McKee. 
MeKnight,  Neilson,  Melius,  Nesbitt,  Newsom,  Orr,  Ozanne. 
Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.- 
Phillips, Quinn,  Railsback,  Raine}T,  Smith,  Stewart,  Stites. 
Stovall,  Stricklin,  Stringer,  Stiles,  Toy,  Vaughan,  Walker, 
Watson,  Warren,  Weir,  Woodman  see,  and  Yeoman — 83, 

The  following  delegates  were  absent: 

Messrs.  Collins,  Compton,  Hemmingway,  Herbert,  Johnson, 
Kerr,  Miles,  McCutchen,  Powell,  Richardson,  Townsend,  and 
Williams— 12. 

Journal  of  yesterday  was  read  and  approved. 

Mr.  Stiles  offered  the  following : 

To  the  Honorable  President  and  If  embers  of  the  Mississi ; 
Constitutional  Convention  : 

Gentlemen — Acting  under  perhaps  a  mistaken  sense  of  duty. 
I  refused  on  yesterday,  to  vote  upon  the  ease  of  Mr.  Merry- 
man,  thereby  transgressing  a  rule  of  the  Convention  requir- 
ing every  member  to  vote.  My  refusal  was  in  no  spirit  of  ob- 
stinacy or  insubordination,  nor  did  I  intend  any  disrespect  to 
your  honorable  bodty,  or  any  member  of  it. 

For  many  reasons,  I  thought  the  member  above  alluded  to. 
should  have  been  expelled  or  acquitted.  The  offense  was  one 
of  such  a  nature,  as,  in  my  judgment,  admitted  of  neither  ex- 
tenuation, palliation,  or  excuse.  I  could  not  vote  for  his 
acquittal,  consistently  with  my  own  sense  of  duty;  nor  did  I 
then  think  he  had  then  had  a  fair  and  impartail  trial,  and  for 
that  reason  would  not  vote  for  his  expulson. 

I  deemed  it  proper  to  make  this  explanation,  and  trust  it 
will  prove  satisfactory  to  your  honorable  body. 

Respectfully, 

E.  H.  Stiles. 

Communication  received  and  ordered  to  be  spread  upon  the 
Journal. 

Leaves  of  absence  were  granted  to  Mr.  Jamison  for  one 
week;  Mr.  Kerr  for  five  da}rs;  Mr.  Gaither  for  ten  days  from 
Friday  next;  Mr.  Cunningham  for  two  daj^s. 

The  Committee  on  Contingent  Expenses  reported  as  follows: 

To  the  President  and  Members  of  the  Constitutional  Con- 
vention : 

Your  committee  on  Contingent  Expenses,  to  whom  was  re- 
ferred the  bill  amounting  to  twenty-four  ($24)  dollars,  for  the 
purchase  of  one  gross  of  lead  pencils  by  the  Finance  Commit- 
tee, would  respectfully  report  the  following,  viz: 


258 


That  the  Sergeant -at- Arms  informs  your  committee  that  he 
lias  on  hand  some  seven  or  eight  dozen  pencils,  and  that  no 
requisition  was  made  upon  him  by  the  Finance  Committee  for 
pencils;  hence  your  committee  cannot  see  the  necessity  of 
said  purchase,  but  as  the  article  purchased  will  be  needed 
sooner  or  later  by  the  Convention,  they  would  recommend  the 
payment  of  the  bill. 

U.  OzANNE, 

Chairman. 
Jeheil  Railsback, 

W.  H.  GlBBS, 
S.   C.  CONLEY, 

John  C.  Brinson, 

Committee. 

A  motion  to  print  and  lie  over  was  lost. 

Jackson,  Miss.,  February  25th,  1868. 

3Iessrs.  Ash  &  Lemley,  Druggists,  etc. 

Furnish  for  the  use  of  this  Covention  ten  gross  lead  pencils, 
and  this  shall  be  your  certificate. 

Fred.  Parsons, 
Chairman  Finance  Committee. 
Below  is  the  bill  appended  to  the  above  report. 

Constitutional  Convention  of  the  State  of  3£ississippi, 

1868.  To  Ash  &  Lemley,  Dr. 
Feb.  25,       To  1  gross  lead  pencils.   $24  00 

.Report  received. 

Mr.  Cunningham  moved  to  suspend  the  rules  and  take  up 
the  report  of  the  Finance  committee; 
Which  was  carried. 

Mr.  Orr  moved  to  read  the  report  by  sections; 
Which  was  carried. 

Mr.  Morgan  moved  that  it  be  put  upon  its  second  reading; 
Which  was  laid  on  the  table. 

Mr.  Cunningham  moved  that  it  be  read  the  first  time  by  its 
title ; 

Which  was  carried. 

And  the  bill  passed  to  its  second  reading. 
The  Convention  then  proceeded  to  consider  the  bill  by  sec- 
tions. 

Section  1: 

Mr.  Weir  offered  to  amend  as  follows : 

Insert  in  section  1,  in  second  line,  after  the  word  "ordained," 
the  words,  "in  obedience  to  the  command  of  Gen.  A.  C.  Gillem, 
Commander  of  the  Fourth  Military  District."  After  the  word 
4i  and,"  in  sixth  line,  insert  the  words  "  the  command  of  Gen. 
Gillem."  After  the  word  "said,"  in  ninth  line,  insert  the 
words  "command  and;" 

Which  was  laid  on  the  table. 

Mr.  Neilson  moved  to  amend  as  follows : 


259 


Amend  by  striking  out  the  word  "fifty,*'  in  tenth  line,  and 
inserting  the  word  ••twenty-five;'* 

Which  was  laid  on  the  table. 

Mr.  Morgan  moved  to  amend  as  follows : 

Strike  out  all  after  the  word  "  be,"  in  first  line  to  the  word 
>;  a,"  in  ninth  line; 

Which  was  laid  on  the  table. 

Mr.  McKee  offered  to  amend  as  follows : 

Insert  in  the  ninth  line  the  words.  •'  do  order  that,"  after  the 
word  ••  Congress.*' 

Mr.  Orr  moved  to  table  ; 
Which  was  lost. 

And  the  amendment  was  adopted. 
Mr.  Field  offered  to  amend  as  follows: 

After  the  word  ••  Congress,"  in  the  ninth  line,  insert  the 
words,  "  will  of  the  people  we  represent:*' 
Which  was  laid  on  the  table. 
Mr.  Watson  moved  to  amend  as  follows : 

Strike  out  the  words  "of  Congress."  in  ninth  line.  Strike  out 
the  word  ';  of,"  in  tenth  line,  and  insert  the  words,  "  on  the  prop- 
erty, real  and  personal,  in  the  State  equal  to."  Strike  out  the 
words,  "the  real  and  personal,"  in  the  twelfth  line,  and  insert 
the'word  said."  Strike  out  the  words  ••  in  this  State."  in  the 
thirteenth  line,  and  insert  the  words  "  for  State  purposes  :*' 

Which  was  carried. 

Mr.  Morgan,  of  Yazoo,  offered  the  following: 

Be  it  ordained  by  the  -people  of  the  State  of  JTississijjjii,  in 
Convention  assembled,  That  a  special  tax  equal  to  150  per  cent, 
of  the  tax  assessed  upon  the  real  and  personal  property  in  this 
State  for  the  year  1867,  be  and  the  same  is  hereby  levied  on  all 
real  and  personal  property  in  this  State,  and  that  this  amount 
shall  be  added  to  the  tax  assessment  rolls  for  the  year  aforesaid. 

Which  was  laid  on  the  table. 

Mr.  Orr  offered  the  following: 

Be  it  ordained,  That  a  special  tax  of  two  mills  per  cent,  be 
and  the  same  is  hereby  levied  upon  the  assessed  value  of  all 
real  and  movable  property  in  the  State. 

Which  was  laid  on  the  table. 

And  section  1  was  adopted,  as  amended. 

Section  2: 

Mr.  Neilson  moved  to  amend  as  follows :  Strike  out  the 
word  "  half."  in  the  second  line,  and  insert  the  word  fourth:"' 
Which  was  laid  on  the  table 
And  section  2  was  adopted  as  printed. 
Section  3 : 

Mr.  Orr  moved  to  postpone  indefinitely; 
Which  was  lost. 

Mr.  Gibbs  moved  to  strike  out  the  3d  section. 
Mr.  Parsons,  of  Adams,  moved  to  table; 
Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Bridges,  Caldwell,  Castello,  Drane,  Fawn. 
Fitzhugh,  Handy,  Jacobs,  Johnson  A.,  Jones,  Leas,  Leonard, 


260 

Mayson,  Moore,  Morgan,  Myers,  Mygatt,  McKee,  Parsons  FM 
Peyton  E.  A.,  Peyton  E,  G.,  Quinn,  Railsback,  Smith,  Stites, 
Stringer,  Toy— 27. 

Nays — Messrs.  Ballard,  Bonney,  Brinson,  Chapman,  Chap- 
pell,  Combash,  Conley,  Cunningham,  Dalton,  Elliott  John, 
Elliott  James,  Field,  Gaither,  Gibbs,  Goss,  Gray,  Howe,  Hutto. 
Jamison,  Lack,  Lawson,  Longmire,  Mask,  Musgrove,  Mont- 
gomery, McKnight,  Neilson,  Nelms,  Nesbitt,  Newsom,  Orr, 
Ozanne,  Phillips,  K-ainey,  Stovall,  Stricklin,  Stiles,  Walker, 
Watson,  Warren,  Weir,  Woodmansee,  Yeoman — 43. 

Mr.  Gibbs  moved  that  members  not  voting  be  brought  to  the 
bar  of  the  Convention,  censured,  and  forfeit  their  pay  for  one 
day ; 

Which  was  carried. 

The  vote  being  taken  on  the  motion  to  strike  out,  it  was 
lost,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Bonney,  Bridges,  ChappelL 
Conley,  Dalton,  Elliott  John,  Field,  Gaither,  Gibbs,  Goss, 
Gray,  Howe,  Jamison,  Lack,  Leas,  Longmire,  Mask,  Mont- 
gomeiy,  Morgan,  Neilson,  Nelms,  Nesbitt,  Orr,  Ozanne,  Phil 
lips,  Quinn,  Stovall,  Stricklin,  Walker,  Watson,  Warren,  Weir, 
Woodmansee — 35. 

Nays — Messrs.  Alderson,  Barry,  Beam,  Brinson,  Caldwell, 
Castello,  Chapman,  Clarke,  Combash,  Cunningham,  Drane. 
Elliott  James,  Fawn,  Fitzhugh,  Handy,  Hauser,  Holland. 
Hutto,  Jacobs.  Johnson  A.,  Jones,  Lawson,  Leonard,  Mayson, 
Musgrove,  Moore,  Myers,  Mygatt,  McKee,  McKnight,  Newsom, 
Parsons  F.,  Parsons  J.  K.,  Peyton  E.  A.,  Peyton  E.  G.,  Rails- 
back,  Smith,  Stewart,  Stiles,  Stites,  Stringer,  Toy,  Yeoman — 43, 

Mr.  Neilson  moved  to  amend  as  follows:  Strike  out  the 
words  "  one  dollar"  in  the  second  line,  and  insert  the  words 
"  Mty  cents." 

Mr.  Stovall  moved  to  amend  by  striking  out  the  words  "  fifty 
cents,"  and  insert  the  words  "five  cents;" 

Which  was  laid  on  the  table. 

Mr.  Orr  moved  to  amend  as  follows : 
An 3  n  d  by  inserting  the  words  "  twent}r-five  cents"  in  place 
of  the  words  "fifty  cents;" 

Which  was  laid  on  the  table. 

Mr.  Clarke  moved  the  previous  question; 

Which  was  sustained. 

The  amendment  of  Mr.  Neilson  was  adopted. 
And  section  3  was  adopted  as  amended. 
Section  4 : 

Mr.  Chapman  moved  to  amend  by  inserting  after  the  word 
"  Collectors,"  in  the  fourth  line,  the  words  "  after  having  taken 
and  subscribed  the  oath  required  by  Congress  for  officers  of 
the  United  States;" 

Which  was  laid  on  the  table. 

Mr.  Neilson  moved  to  amend  as  follows : 

Strike  out  the  word  "three,"  iu  twenty-seventh  line,  and  insert 
thhe  word  "  two;"  iri  thirty-third  line,  insert  the  word  "ten" 


261 


and  strike  out  the  words  without  delay;"'  in  forty-fifth  and 
forty-sixth  lines,  insert  the  words  "  after  giving  ten  days' 
notice  of  time  and  place  of  sale;"' 

Which  was  laid  on  the  table. 

Previous  question  called;  call  sustained; 

And  section  4  was  adopted  as  printed. 

Section  5: 

Mr.  Ozanne  moved  to  amend  as  follows :  . 

After  the  word  -  possession.''  in  the  seventh  line,  strike  out 
the  words  -and  shall  have  power  to  examine  all  books  and 
papers  of  merchants  and  others;"' 

Which  was  laid  on  the  table. 

Mr.  Stricklin  ottered  to  amend  as  follows  : 

After  the  word     power."'  in  the  third  line,  insert  the  words 

and  it  shall  be  his  duty.'" 

Mr.  Gibbs  offered  to  amend  as  follows: 

Insert  the  word  "  her'  after  the  word  his."  in  the  fifth  line: 
Which  was  carried. 

Mr.  Neilson  offered  to  amend  as  follows : 
Strike  out  all  after  the  word  -possession,"  in  seventh  line, 
to  the  word  "and,"'  in  twelfth  line; 
Which  was  laid  on  the  table. 
Previous  question  called  call  sustained; 
And  section  5  was  adopted  as  amended. 
Section  6  was  adopted  as  printed. 
Section  7: 

Mr.  Gaither  offered  to  amend  as  follows.: 

And  provided  further.  That  if  any  person  shall  have  paid  to 
the  Collector  any  sum  of  money*  as  a  tax  assessed  by  any 
former  ordinance  of  this  Convention,  on  any  property  or  sub- 
ject not  taxable  by  this  ordinance,  it  shall  be  the  duty  of  such 
'  "Hector  to  refund  the  amount  by  him  so  paid  to  the  party  so 
paying  the  same. 

Mr.  Orr  moved  to  amend  by  inserting  the  words  u  Treasurer 
of  State,"  in  place  of  the  words  "Treasurer  of  the  Convention."' 

A  motion  to  lay  on  the  table  was  lost. 

The  Convention  adjourned  to  meet  at  3  o'clock  p.  ai. 

AFTERNOON  SESSION 

Convention  met  pursuant  to  adjournment 
Quorum  present 

The  Convention  resumed  the  consideration  of  section  7,  viz: 
The  amendment  of  Mr.  Orr.  of  Harrison. 

Mr.  Stricklin  moved  the  previous  question,  which  was  sus- 
tained. 

And  the  amendment  was  adopted,  by  the  following  vote: 
Yeas — Messrs.  Alcorn,  Ballard,  Beam,  Brinson,  Chapman, 
Chappell,  Clarke,  Coinbash,  Conley,  Dalton,  Elliott  John, 
Elliott  James,  Fawn,  Field,  Gaither,  Goss.  Gray,  Howe,  Hutto, 
Jacobs,  Jamison,  Jones,  Lack,  Lawson,  Leas,  Longmire,  Mask, 
Musgrove,  Montgomery,  Merryr  lan,  Myers,  Mygatt,  McKee, 
3IcKnight;  Neilson,  Nelms?  Nesbitt,  Ozanne,  Parsons  J.  R., 


262 


Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Railsback,  Raine}^,  Smith, 
Stiles,  Stovall,  Stricklin,  Stites,  Toy,  Vaughan,  Watson,  War- 
ren, Woodmansee,  Yeoman — 55. 

Nays — Messrs.  Alderson,  Barry,  Bonney,  Bridges,  Caldwell, 
Castello,  Drane,  Fitzhugh,  Gibbs,  Handy,  Herbert,  Holland, 
Johnson  A.,  Leonard,  Mayson,  Moore,  Morgan,  Newsom,  Orr, 
Parsons  F.,  Quinn,  Stewart,  Stringer,  Weir — 24. 

And  the  amendment  of  Mr.  Gaither  was  adopted. 

And  section  7  was  adopted,  as  amended. 

Section  8: 

Mr.  Neilson  moved  to  amend  the  section  b}^  striking  out  the 
word  "five,"  in  the  fifth  line,  and  inserting  the  words  "two  and 
a  half." 

Mr.  Chappell  moved  to  amend  the  section  by  inserting  the 
words  " ex  officio,1''  in  the  second  line; 
Which  was  laid  on  the  table. 

Mr.  Woodmansee  moved  to  amend  the  section  by  striking 
out  the  word  "five,"  in  the  fifth  line,  and  inserting  the  words 
"one  and  a  half;" 

Which  was  laid  on  the  table. 

Mr.  Orr  moved  to  amend  the  section  by  striking  out  the 
word  "five,"  and  insert  the  words  "three  per  cent.;" 
Which  was  laid  on  the  table. 

Mr.  Neilson  moved  to  amend  the  section  by  striking  out  the 
words  "  Sheriff  and,"  in  the  second  line,  and  inserting  the  word 
"said;" 

Which  was  carried. 

Mr.  Musgrove  moved  to  amend  by  inserting  at  the  end  of 
the  section,  the  words,  "and  be  required  to  give  an  additional 
bond  in  the  sum  of  five  thousand  dollars  for  the  faithful  dis- 
charge of  their  duties  under  this  ordinance;" 

Which  was  laid  on  the  table. 

Mr.  Ozanne  moved  to  amend  the  section  by  striking  out  all 
after  the  word  "  received,"  in  the  third  line,  and  inserting  the 
words  "the  same  compensation  as  allowed  to  collect  State  taxes;" 

Which  was  laid  on  the  table. 

Mr.  Musgrove  moved  to  amend  by  inserting  at  the  end  of 
the  section,  the  words  "and  be  required  to  give  additional 
bond  in  the  sum  of  $4,000  for  the  faithful  discharge  of  their 
duties,  under  this  ordinance^  made  payable  to  the  President  of 
this  Convention,  and  to  be  approved  by  the  Judges  of  the  Pro- 
bate Courts  of  the  several  counties;" 

Which  was  laid  on  the  table. 

Mr.  Hauser  moved  the  previous  question;  which  was  sus- 
tained. 

And  section  8  was  adopted,  as  amended. 

Mr.  Mygatt  moved  to  suspend  the  rules  to  enable  the  rules  to 
be  so  changed  that  the  Convention  may  hold  but  two  session  ? 
daily; 

Which  was  lost. 

The  Convention  adjourned  until  half-past  7  o'clock  p. 


2G3 


NIGHT  SESSION. 

Convention  met  pursuant  to  adjournment, 

The  consideration  of  the  Tax  Ordinance  was  continued. 

Mr.  McKee  moved  to  strike  out  all  of  the  section  after  the 
words,  ';  section  9,"  and  insert  the  following: 

Sec,  — .  Be  it  f  urther  ordained,  That  a  special  tax  of  two 
hundred  dollars  be  and  the  same  is  hereby  levied,  upon  the  roll- 
ing stock,  track,  and  other  property  of  the  following  named- 
Railroads  :  New  Orleans,  Jackson  and  Great  Northern  Railroad, 
the  Vicksburg  and  Meridian  Railroad,  to  be  collected  at  Jack- 
son, Mississippi;  and  upon  the  Mississippi  Central  Railroad, 
to  be  collected  at  Canton,  Mississippi;  and  upon  the  Mobile 
and  Ohio.  Railroad,  to  be  collected  at  Columbus,  Mississippi; 
and  upon  the  Mississippi  and  Tennessee  Railroad,  to  be  col- 
lected at  Grenada,  Mississippi. 

That  a  special  tax  of  fifty  dollars  is  hereby  levied,  upon  the 
Meridian  and  Selma  Railroad,  to  be  collected  at  Meridian. 
Mississippi. 

That  a  special  tax  of  fifty  dollars  be  assessed  on  the  Mem- 
phis and  Charleston  Railroad,  to  be  collected  at  Corinth,  Mis- 
sissippi. 

That  a  special  tax  of  fifty  dollars  be  and  the  same  is  hereby 
levied,  upon  the  West  Feliciana  Railroad,  to  be  collected  at 
Woodville,  Mississippi. 

That  a  special  tax  of  ten  dollars  is  hereby  levied,  upon  the 
Grand  Gulf  and  Port  Gibson  Railroad,  to  be  colledted  at  Port 
Gibson,  Mississippi. 

Mr,  Stiles  moved  to  strike  out  so  much  as  relates  to  the 
Grand  Gulf  and  Port  Gibson,  and  West  Feliciana  Railroads; 

Which  was  laid  on  the  table. 

Mr.  Stiles  moved  to  strike  out  so  much  as  relates  to  the  Port 
Gibson  and  Grand  Gulf  Railroad; 
Which  was  laid  on  the  table. 

Mr.  Barry  moved  to  reduce  all  Railroads  assessed  $200,  to  100; 
Which  was  lost. 

Mr.  Barry  moved  to  reduce  the  tax  on  the  Mississippi  Cen- 
tral Railroad,  from  $200  to  $100;  which  was  lost. 
And  the  amendment  of  Mr.  McKee  was  lost. 
Mr.  Neilson  moved  to  strike  out  the  section; 
Which  was  lost. 

Mr.  Neilson  moved  to  strike  out  all  after  the  word  "county," 
in  the  twenty- second,  line,  to  the  word  "  up,1'  in  the  twenty- 
fourth  line; 

Which  was  laid  on  the  table. 

Mr.  Barry  moved  to  reduce  the  tax  on  the  Mississippi  Cen- 
tral Railroad,  to  $125; 

Which  was  laid  on  the  table. 

Mr.  Warren  moved  the  previous  question; 

Which  was  sustained. 

And  section  9  was  adopted,  as  amended. 

Section  10  was  adopted,  as  printed. 

Section  11 : 


264 


Mr.  Barry  moved  to  strike  out  "  Sheriff  or,"  in  the  sixth  line, 
and  insert  "  said;1' 
Which  was  carried. 
Section  11  was  adopted,  as  amended. 
Section  12: 

Mr.  Herbert  moved  to  strike  out  "  Sheriffs  or,"  in  second 
line,  and  insert  "said;" 
Which  was  carried. 

And  section  12  was  adopted,  as  amended. 
Section  13: 

A  motion  was  made  to  strike  out  section  13; 
Which  was  carried. 
Section  14: 

A  motion  was  made  to  strike  out  section  14; 
Which  was  carried. 
Section  15: 

Mr.  Neilson  moved  to  amend  as  follows : 

Insert,  after  the  word  "  warrants,"  in  seventh  line,  the  words 
"  issued  by  the  Auditor  of  Public  Accounts  of  the  State  of  Mis- 
sissippi, upon  certificates,"  and  by  striking  out  the  word 
"  opportunity,"  in  the  fifteenth  line,  and  inserting  the  word 
"in,"  and  by  inserting  after  the  word  "office,"  in  the  fifteenth 
line,  the  words  "  relating  to  this  Convention,"  and  add  to  the 
uighth  line,  the  words  "  of  this  Convention." 

Mr.  Orr  moved  to  amend  as  follows : 

Insert  "  State,"  before  the  word  "Treasurer." 

A  motion  was  made  to  amend  as  follows : 

After  "the,"  in  second  line,  add  "  State,"  and  after  "Treas- 
urer," add  "  so  called."  In  fifteenth  line,  after  "papers,"  strike 
out  "  appertaining,"  and  add  "  in  his  office,  appertaining  to  this 
Ordinance; 

Which  was  lost. 

Mr.  Neilson  moved  the  previous  question ; 
Which  was  sustained. 

And  the  amendment  of  Mr.  Neilson  was  adopted. 

And  section  15  was  adopted  as  amended. 

Mr.  McKee  moved  to  refer  back  the  balance  of  the  report  to 
the  committee  on  Finance,  with  instructions  to  report  at  three 
o'clock,  p.  m.,  to-morrow. 

A  motion  to  table  the  motion  of  Mr.  McKee,  was  lost. 

A  motion  to  adjourn,  was  lost. 

And  the  motion  of  Mr.  McKee  was  carried. 

A  motion  to  adjourn  was  lost. 

Mr.  Morgan  moved  to  take  up  the  resolution  of  Mr.  Holland, 
offered  yesterday; 

Which  was  carried. 

Mr.  Stringer  moved  its  adoption ; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Brinson, 
Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Combash,  Drane, 
Fawn,  Field,  Fitzhugh,  Gibbs,  Hauser,  Herbert,  Holland,  Howe, 
Hutto,  Jacobs,  Johnson  A.,  Lawson,  Leas,  Leonard,  Mayson, 


265 


Musgrove,  Moore,  Morgan,  Myers,  Mygatt,  McKee,  McKnigkt, 
Ozanne,  Parsons  J.  R.,  Railsback,  Stewart,  Stovall,  Stringer, 
Toy,  Warren,  Woodmansee,  Yeoman — 44. 

Nays — Messrs.  Elliott  John,  Elliott  James,  Gray,  Longmire, 
Montgomeiy,  Neilson,  Nesbitt,  Phillips,  Smith,  Stiles — 10, 

Mr.  Morgan  moved  that  the  Secretary  be  instructed  to  tele- 
graph the  adoption  of  the  resolution  of  Mr.  Holland  to  Wash- 
ington immediately; 

Which  was  carried. 

The  Convention  adjourned  to  meet  to-morrow  at  10  o'clock. 

T.  P.  Sears, 
Secretary. 


FORTY-FIFTH  DAY. 

Jackson,  Miss.,  Thursday,  February  27th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Cunningham,  Conley,  Dalton,  Drane, 
Elliott  John,  Elliott  James,  Fawn,  Field,  Fitzhugh,  Gaither, 
Gibbs,  Goss,  Gray,  Flandy,  Herbert.  Howe,  Hutto,  Jacobs, 
Jamison,  Johnson  A.,  Jones,  Lack,  Lawson,  Leas,  Leonard, 
Longmire,  Mayson,  Mask,  Musgrove,  Montgomeiy,  Merrymaa, 
Moore,  Morgan,  Myers,  Mygatt,  McKee,  McKnight,  Neilson,^ 
Nelms,  Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons  J/ 
P.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Railsback,  Rainey, 
Smith,  Stewart,  Stites,  Stovall,  Stricklin,  Stringer,  Stiles,  Toy, 
Vaughan,  Walker,  Watson,  Warren,  Weir,  Woodmansee,  and 
Yeoman — 79. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Compton,  Dowd,  Hauser,  Hemmingway, 
Holland,  Johnson  S.,  Kerr,  Miles,  McCutchen,  Powell,  Quinn, 
Richardson,  Townsend,  Williams — 15. 

Leaves  of  absence  were  granted  the  following  named  dele- 
gates, for  the  period  affixed  to  their  names : 

To  Mr.  Holland,  for  eight  days;  to  Mr.  Howe,  for  five  days: 
and  to  Mr.  Jones  for  seven  days. 

The  Committee  on  Contingent  Expenses  made  the  following 
report : 

Mr.  President — Your  Committee  on  Contingent  Expenses 
would  respectfully  report  that  the  bill  hereto  annexed,  referred 


266 


to  them  for  examination,  has  been  found  correct,  and  recom- 
mend that  the  same  be  allowed. 

Respectfully, 

U.  Ozanne,  Chairman. 
S.  C.  Conley, 
W.  H.  Gibbs, 
J.  Railsback, 
J.  C.  Brinson, 

Committee. 

Mississippi  State  Convention, 

To  Taswell  Jones,  Dr. 

For  services  rendered  as  Wood  Chopper,  sixteen  days 

at  $2  50  per  day   $40  00 

Report  received  and  bill  allowed. 

The  Convention  proceeded  to  the  consideration  of  the  Bill 
of  Rights. 

And  section  29  was  adopted  as  printed. 
Section  30  was  adopted  as  printed. 
And  section  31  was  adopted  as  printed. 
Section  32: 

The  following  amendment  was  offered  at  the  conclusion  of 
the  section: 

"To  guard  against  transgressions  of  the  high  powers 
herein  enumerated,  we  declare  that  everything  in  this  article  is 
excepted  out  of  the  general  powers  of  Government,  and  shall 
ever  remain  inviolate ;  and  that  all  laws  contrary  thereto  or  to 
the  following  provisions  be  void." 

And  section  32  was  adopted  as  amended. 

Section  19,  as  amended,  was  taken  up  for  consideration. 

Mr.  Castello  moved  the  previous  question ; 

Which  was  sustained. 

And  the  section  as  amended,  was  adopted,  by  the  following- 
vote  : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Beam,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke, 
Conley,  Cunningham,  Drane,  Elliott  John,  Elliott  James,  Fitz- 
hugh,  Gibbs,  Handy,  Hauser,  Howe,  Hutto,  Jacobs,  Johnson 
A.,  Jones,  Lawson,  Leonard,  Mayson,  Musgrove,  Moore,  Morgan, 
Myers,  Mygatt,  McKee,  McKnight,  Newsoin,  Ozanne,  Parsons 
J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Quinn,  Railsback,  Smith, 
Stewart,  Stites,  Stringer,  Stiles,  Toy,  Warren,  Weir,  and  Yeo- 
man— 52. 

Nays — Messrs.  Dalton,  Field,  Gaither,  Goss,  Gra}r,  Herbert, 
Lack,  Longmire,  Mask,  Montgomery,  Merryman,  Neilson, 
Nelms,  Nesbitt,  Phillips,  Rainey,  Stovall,  Walker,  and  Wat- 
son— 19. 

Mr.  McKee  moved  to  reconsider  the  vote  adopting  the  sec- 
tion. 

Mr.  Clarke  moved  that  Mr.  McKee  have  leave  to  withdraw 
his  motion. 

The  Convention  adjourned  to  meet  at  3  o'clock  p.  m. 


267 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Quorum  present. 

Leaves  of  absence  were  granted  to  Mr.  Stricklin  for  ten  days: 
and  to  Mr.  Nelms  for  ten  days. 

The  Finance  Committee  presented  an  additional  report,  as 
follows : 

To  the  Hon.  President  and  Members  of  the  Convention: 

Your  Finance  Committee  would  respectfully  recommend  that 
section  6,  passed  on  yesterday  upon  its  second  reading,  be 
changed  to  read  as  follows : 

Be  it  further  ordained,  That  all  warrants  issued  by  authority 
of  this  Convention  (and  none  others),  and  currency  of  the 
United  States,  shall  be  received  by  the  several  Sheriffs  and  Tax 
Collectors,  in  payment  of  the  tax  herein  assessed,  and  when 
said  Collectors  shall  have  funds  on  hand,  collected  under  and  by 
virtue  of  this  ordinance,  and  any  person  having  the  warrants 
of  this  Convention,  may  present  the  same  to  said  Sheriffs,  or 
Tax  Collectors,  who  shall  redeem  the  same  at  their  face  value. 

Your  Committee  would,  also,  respectfully  report  the  follow- 
ing additional  sections,  to  be  engrafted  in  said  tax  ordinance: 

Sec.  13.  Be  it  further  ordained,  That  the  State  Treasurer 
shall  receive  the  warrants  issued  by  authority  of  this  Con- 
vention, from  all  Tax  Collectors  herein  appointed,  upon  the  tax 
collected  under  and  by  virtue  of  this  ordinance,  and  shall  re- 
deem said  warrants  when  in  funds,  as  aforesaid,  from  any  per- 
son who  may  present  the  same  to  him  for  redemption,  and  all 
warrants  so  received  by  said  Treasurer,  shall  be  canceled  as 
now  provided  by  law. 

Sec.  14.  Be  it  further  ordained,  That  all  warrants  issued  by 
authority  of  this  Convention,  signed  by  the  President  and 
countersigned  by  the  Secretary,  prior  to  the  1st  day  of  March, 
1868,  shall  be  received  b}^  all  Tax  Collectors,  in  pa}Tment  of  the 
taxes  herein  assessed,  and  shall  be  redeemed  by  said  Collectors 
or  by  the  State  Treasurer,  as  provided  herein. 

Sec.  5.  Be  it  further  ordained,  That  the  President  of  this 
Convention  shall,  on  the  first  day  of  March  next,  or  as  soon 
thereafter  as  practicable,  furnish  to  the  Treasurer,  a  detailed 
statement  of  all  warrants  issued  by  him  under  and  by  authority 
of  this  Convention,  including  the  date,  amount  of  each,  and 
numbers  up  to  the  first  day  of  March,  1868. 

Sec  16.  Be  it  further  ordained,  That  after  the  first  day  of 
March,  1868,  the  Auditor  of  this  State,  shall  issue  warrants  in 
paj^ment  of  all  expense,  of  this  Convention,  upon  accounts 
when  presented  to  him  audited  by  the  Auditor  of  this  Con  - 
vention,  signed  by  the  President,  and  countersigned  b}T  the 
Secretary;  each  warrant  so  issued,  shall  have  written  or  printed 
upon  its  face  the  words,  "  Constitutional  Convention." 

Sec.  17.   Be  it  further   ordained,    That  any  Sheriff  who 


268 


shall  collect  any  State  or  county  tax,  after  the  receipt  of  a  copy 
of  this  ordinance,  without  collecting  the  additional  tax  herein 
assessed,  shall  be  deemed  guilty  of  a  misdemeanor;  shall  he 
tried  as  now  provided  by  law,  and  upon  conviction,  be  impris- 
oned for  a  term  not  less  than   one,  nor  more  than  five  years. 

Sec.  18.  Be  it  further  ordained,  That  any  Sheriff,  Tax 
Collector,  or  State  Treasurer,  who  shall  substitute  or  attempt 
to  sustitute  any  warrants,  in  place  of  any  funds  in  his  hands, 
collected  by  virtue  of  this  ordinance,  except  in  due  course  of 
redemption,  shall  be  deemed  guilty  a  of  misdemeanor,  and  shall 
be  tried  and  upon  conviction,  shall  be  punished  as  provided  in 
the  foregoing  section. 

Sec.  19.  Be  it  farther  ordained,  That  it  shall  be  the  duty 
of  the  Auditor  of  this  State  to  furnish  each  Sheriff  with  a 
copy  of  this  ordinance,  immediately  after  its  passage,  with  all 
blanks  necessary  to  cany  the  same  into  effect. 

Sec.  20.  Be  it  further  ordained,  That  if  any  moneys  shall 
remain  in  the  hands  of  the  Treasurer  after  paying  the  expenses 
of  this  Convention,  they  shall  be  invested  in  United  States 
securities,  at  the  market  value,  which  securities  shall  be  held 
subject  to  the  order  of  the  next  Legislature  at  its  first  meeting; 
Provided,  If  this  Convention  shall  be  again  called  together,  in 
that  case,  the  securities  shall  be  held  subject  to  the  order  of 
the  Convention. 

Sec.  21.  Be  it  further  ordained,  That  any  Tax  Collector, 
Treasurer  or  other  officer  appointed  b}^  this  Convention  or  in 
accordance  with  this  ordinance,  who  shall  embezzle  or  fraudu- 
lently use,  loan,  convert  or  attempt  to  convert  any  of  the  said 
funds  herein  authorized  to  be  collected,  to  his  own  use,  or  apply 
them  in  any  manner  not  herein  provided  for,  shall  be  deemed 
guilty  of  embezzlement,  and  shall  be  prosecuted  in  any 
court  in  this  State  having  competent  jurisdiction,  and  upon 
conviction,  shall  be  fined  and  imprisoned  as  now  provided  by 
law. 

Sec  22.  Be  it  further  ordained,  That  an  ordinance  provid- 
ing for  the  levy  and  collection  of  a  tax  to  defray  the  expenses 
of  the  Constitutional  Conventional  of  the  State  of  Mississippi, 
passed  February  19,  1868,  be  and  the  same  is  hereby  repealed. 

Fred.  Parsons, 

Chairman. 

The  rules  were  suspended  and  the  Convention  proceeded  to 
consider  the  report  by  sections. 

Mr.  Neilson  moved  to  reconsider  the  vote  adopting  section  6, 
taken  yesterday ; 

Which  was  carried. 

And  the  amendment  to  section  6,  as  reported  by  the  commit- 
tee, was  adopted. 
Section  13: 

Mr.  Clarke  moved  to  strike  out  the  word  "  acting,"  in  the 
section; 

Which  was  carried. 


269 


Mr.  Morgan  moved  to  acid  the  word  "  provisional,"  before  the 
word  "Treasurer;" 

Which  was  laid  on  the  table. 

And  section  13  was  adopted  as  amended. 

Section  14: 

Mr.  Clarke  moved  to  strike  out  the  word  "  acting,"  where  it 
occurs  before  the  word  "  Treasurer,"  in  the  ordinance. 
A  motion  to  Ia}f  on  the  table  was  lost. 

Mr.  McKee  moved  to  insert  the  word  "  provisional,"  and 
strike  out  the  word  "  acting;" 
Which  was  laid  on  the  table. 
And  the  amendment  of  Mr.  Clarke  was  adopted. 
And  section  14  was  adopted  as  amended. 
Section  15  was  adopted  as  amended. 
Section  16 : 

Mr.  Phillips  moved  to  strike  out  the  words  'Auditor  of  this 
Convention." 

Mr.  Castello  moved  to  lay  the  motion  on  the  table; 
Which  was  carried. 

Mr.  Castello  moved  the  previous  question; 
Which  was  sustained. 

And  section  16  was  adopted,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Bonney,  Bridges,  Brinson. 
Caldwell,  Castello,  Chapman,  Clarke,  Combash,  Fawn,  Fitzhugh, 
Gibbs,  Hauser,  Herbert,  Howe,  Jacobs,  Johnson  A.,  Jones,  Law- 
son,  Leas,  Leonard,  Mayson,  Musgrove,  Moore,  Myers,  McKee, 
McKnight,  Neilson,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons 
J.  R.,  Peyton  E.  G.,  Quinn,  Railsback,  Smith,  Stewart,  Stites7 
Stringer,  Toy,  Warren,  Woodmansee,  and  Yeoman — 45. 

Nays — Messrs.  Barry,  Beam,  Chappell,  Conley,  Dalton,  Elliott 
John,  Elliott  James,  Gaither,  Goss,  Gray,  Handy,  Hutto,  Lack, 
Longmire,  Mask,  Montgomery,  Merryman,  Morgan,  Nelms? 
Kesbitt,  Phillips,  Rainey,  Stovall,  Stiles,  Vaughan,  Walker. 
Watson,  and  Weir — 28. 

Mr.  Neilson  moved  to  reconsider  the  vote  just  taken; 

Which  was  laid  on  the  table. 

Section  17  was  adopted. 

Section  18  was  adopted. 

Section  19  was  adopted. 

Section  20  was  adopted. 

Section  21: 

Mr.  Neilson  moved  to  insert  after  the  word  "  Treasurer,45  the 
words  "  and  other  officer,"  and  strike  out  the  word  "  or"  before 
the  words  "  Treasurer  and  Sheriff,"  in  the  second  line,  and 
strike  out  the  seventeenth  and  eighteenth  lines. 

Mr.  Barry  offered  the  following  amendment : 

Strike  out,  in  the  4th  line,  "  Convention,"  and  insert  the 
words,  "  by  order  of  General  Alvin  C.  Gillem  ;  " 

Which  was  laid  on  the  table. 

Mr.  McKee  moved  to  add  after  the  word  "  Convention,"  li- 
the 4th  line  the  words,  "  or  in  accordance  with  this  ordinance  ;" 
Which  was  carried. 
Mr,  Barry  moved  to  amend  as  follows : 


270 


Strike  out  in  the  4th  line,  the  words  "  Convention,"  and  add 
the  words  "by  order  of  Alvin  C.  Gillem;" 
Which  was  laid  on  the  table. 

The  previous  question  was  called;  call  sustained. 
And  the  amendment  of  Mr.  Neilson  was  adopted. 
And  section  21  was  adopted,  as  amended. 
Section  22  was  adopted  as  read. 

Section  23  was  offered  as  an  additional  section,  by  Mr. 
Neilson : 

Be  it  further  ordnined,  That  the  Treasurer  of  the  State 
shall  be  the  Treasurer  of  this  Convention  for  such  time  as 
may  be  necessa^  to  carry  out  the  provisions  of  this  ordinance. 
He  shall  give  bond  payable  to  the  State  of  Mississippi,  in  the 
penalty  of  thirty  thousand  dollars,  with  three  or  more  securi- 
ties, to  be  approved  by  the  President  of  this  Convention,  con- 
ditioned that  he  will  receive,  safely  keep,  and  disburse  accord- 
ing to  law,  all  sums  of  monev  which  ma}r  come  into  his  hands 
under  this  ordinance,  and  that  he  will,  in  all  things,  faithfully 
discharge  his  duties  as  Treasurer  as  aforesaid;  and  as  a  com- 
epnsation  for  so  doing,  the  said  Treasurer  shall  receive  one-half 
of  one  per  cent,  on  such  sums  of  money  as  he  may  dis- 
burse; and  that  the  Auditor,  for  the  services  performed  by  him 
under  the  provisions  of  this  ordinance,  receive  as  compensa- 
tion, five  hundred  dollars. 

A  motion  to  la}^  on  the  table  was  carried. 

Mr.  Morgan  offered  the  following: 

Strike  out  all  after  section  23,  and  insert: 

Be  it  further  ordained,  That  any  and  all  officers  of  the 
State  of  Mississippi,  upon  whom  power  or  authority  is  con- 
ferred under  and  b}r  virtue  of  this  ordinance,  be,  and  the  same 
are  hereby  declared  provisional  only,  and  the  said  power  or 
authority  is  at  all  times  subject  to  be  modified  or  repealed  alto- 
gether by  the  power  conferring  the  same. 

Mr.  Castello  offered  the  following: 

Provided,  That  in  case  the  State  Treasurer  refuse  to  enter 
into  said  bonds,  the  Treasurer  heretofore  elected  be  continued 
as  Treasurer  of  this  Convention. 

A  motion  to  lay  the  above  on  the  table  was  lost,  and  the 
resolution  of  Mr.  Castello  was  lost. 

And  the  amendment  of  Mr.  Morgan  was  adopted. 

Mr.  McKee  moved  to  strike  out  all  after  the  word  "  provi- 
sional." 

Mr.  Parsons,  of  Adams,  moved  to  postpone  indefinitely  the 
further  consideration  of  the  matter. 

Mr.  Orr  moved  to  lay  the  resolution  of  Mr.  Parsons  on  the 
the  table; 

Which  was  carried. 

Mr.  McKee  moved  that  he  be  allowed  to  withdraw  his 
amendment. 

A  motion  to  adjourn  was  lost. 

And  the  motion  of  Mr.  McKee  to  be  permitted  to  withdraw 
his  amendment,  was  carried. 
A  motion  to  adjourn  was  lost. 


271 


Mr.  Warren  moved  the  previous  question,  which  was 
sustained; 

And  section  3  as  amended,  was  adopted,  by  the  following 
vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Beam,  Bridges, 
Brinson,  Caldwell,  Chapman,  Chapped,  Clarke,  Combash,  Elli- 
ott John,  Fawn,  Fitzhugh,  Gibbs,  Goss,  Handy,  Johnson  A., 
Leas,  Leonard,  May  son,  Musgrove,  Moore,  Myers,  McKee, 
Nesbitt,  Newsom,  Orr,  Railsbaek,  Smith,  Stewart,  Stitcs. 
Stringer,  Toy,  Warren,  Weir,  Woodmansee,  Yeoman — 38. 

Nays — Messrs.  Bonney,  Castello,  Conley,  Elliott  James,  Gai- 
ther,  Hauser,  Howe,  Jacobs,  Lack,  Lawson,  Mask,  Montgom- 
ery, Neilson,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  G., 
Phillips,  Stovall,  Stiles— 21. 

Mr.  Orr  offered  the  following  as  an  additional  section : 

Section.  24.  Be  it  further  ordained,  That  all  tax  receipts, 
and  other  necessary  blanks  to  carry  into  effect  the  provisions 
of  this  Ordinance,  shall  be  printed  by  the  Official  Printer  of 
this  Convention. 

Which  was  adopted. 

Mr.  Conley  moved  that  the  rules  be  suspended,  and  that  the 
ordinance  pass  to  its  third  reading  by  its  title; 

Which  was  carried. 

A  motion  to  adjourn  was  lost. 

And  the  ordinance  passed  its  third  reading. 

Mr.  Clarke  moved  that  a  committee  of  two  be  appointed  to 
submit  the  bill  to  General  Gillem,  and  ask  him  to  issue  a 
general  order  to  enforce  it. 

Mr.  Musgrove  moved  to  amend  by  making  the  committee 
one; 

Which  was  lost. 

And  the  motion  of  Mr.  Clarke  was  adopted. 

Mr.  Gibbs  moved  to  suspend  the  rules  for  the  purpose  of 
introducing  a  resolution  to  change  the  rules  in  regard  to  three 
sessions  daily; 

Which  was  lost. 

Convention  adjourned  until  half-past  seven. 

NIGHT  SESSION. 

Convention  met  pursuant  to  adjournment. 
No  quorum  present. 

Convention  adjourned  until  to-morrow  morning  10  o'clock. 

T.  P.  Sears, 
Secretary. 


272 


FORTY-SIXTH  DAY. 

Jackson,  Miss.,  Friday,  February  28th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Ballard,  Barry,  Beam,  Bon- 
ney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke,  Combash,  Conley,  Cunningham,  Dalton,  Drane,  Elliott 
John,  Elliott  Jas.,  Fawn,  Field,  Fitzhugh,  Gaither,  Gibbs,  Goss, 
Gray,  Handy,  Ha  user,  Herbert,  Howe,  Hutto,  Jacobs,  John- 
son A.,  Lack,  Lawson,  Leas,  Leonard,  Longmire,  Mayson, 
Mask,  Musgrove,  Montgomery,  Moore,  Myers,  Mygatt,  Mc- 
Knight,  Neilson,  Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  F., 
Parsons  J.  R.,  Peyton  E.  G.,  Phillips,  Quinn,  Railsbaek, 
Rainey,  Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy, 
Vaughan,  Walker,  Warren,  Weir,  Williams,  Woodmaxisee,  and 
Yeoman — 73. 

The  following  delegates  were  absent: 

Messrs.  Alcorn,  Collins,  Compton,  Dowd,  Hemmingway,  Hol- 
land, Jamison,  Johnson  S.,  Jones,  Kerr,  Miles,  Merryman, 
Morgan,  McCutchen,  McKee,  Nelms,  Peyton  E.  A.,  Powell, 
Richardson,  Stricklin,  Townsend,  and  Watson — 22. 

Journal  of  yesterda}T  read  and  approved. 

Leave  of  absence  was  granted  to  Mr.  Morgan  for  two  days; 
Mr.  Montgomery  for  eight  days;  Mr.  Mask  for  eight  days; 
Mr.  John  Elliott  for  ten  days;  Mr.  Watson  for  ten  days;  Mr. 
Neilson  for  thirty  days;  Mr.  E  A.  Peyton  for  five  days, 

Mr.  Neilson  desired  to  state  to  the  Convention,  that  during 
his  absence  he  should  ask  no  pay,  and  waive  all  right  to  the 
same. 

The  C  jmrnittee  on  General  Provisions  reported  progress. 
Mr.  Miles  offered  the  following: 

Whereas,  A  resolution  was  introduced  in  this  Convention  in 
January  last,  empowering  the  Finance  Committeeto  inquire 
what  disposition  had  been  made  by  the  State  officers  of  the 
charity  funds  entrusted  to  them;  and 

Whereas,  Said  committee  have  corresponded  with  said 
State  ofncejs,  and  have  received  their  reports;  and 

Whereas,  Said  committee  having  a  vast  amount  of  business 
on  their  hands,  are  unable  now,  if  they  were  willing,  to  make  a 
report  on  said  resolution ;  and 

Whereas,  By  said  resolution,  the  State  officers  are  charged 
by  way  of  innuendo  with  having  made  an  improper  distribution 
of  said  funds,  and  in  justice  to  them  the  matter  should  be  in- 
vestigated; therefore,  be  it 

Resolved,  That  a  Special  Committee  of  three  be  appointed 
by  the  President,  to  investigate  the  matter  set  forth  in  said 
resolution,  and  that  said  committee  report  at  7:30  to-night; 

Which  resolution  was  laid  on  the  table. 


273 


Mr.  Conley  moved  to  suspend  the  rules  so  as  to  take  up  the 
Bill  of  Rights; 

Which  was  carried. 
Section  1 : 

Mr.  Mj'gatt  moved  to  strike  out  in  the  eighth,  ninth,  and 
tenth  lines  the  words  "  possessing  equal  civil  and  political 
rights  and  public  privileges;" 

Which  was  carried. 

Section  1  was  adopted  as  printed. 

Mr.  Mygatt  moved  to  take  up  the  22d  section  for  considera- 
tion; 

Which  was  lost. 

Mr.  Orr  moved  to  take  up  section  16. 
Mr.  Hauser  moved  to  table; 
Which  was  carried. 

Mr.  Alcorn  moved  to  suspend  the  rules  to  receive  account 
from  the  Clarion  ; 
Which  was  carried. 

Jackson,  Miss..  February  28,  1S6S. 

Mississippi  State  Convention, 

To  the  Clarion  office.  Dr. 

To  100  papers  first  four  days  of  session,  at  7  cents  per 

copy  k  $  28  00 

To  200  paper  each  day  for  seven  weeks   588  00 


Ending  February  29,  1868  $616  00 

I  certify  that  the  above  account  is  correct,  and  that  the 
papers  were  received  and  distributed  by  me  to  the  members  of 
the  Convention. 

Nelson  G.  Gill, 

Se  rg  e  a  n  t-  a  t-  A  rm  s . 

Referred  to  committee  on  Contingent  Expenses. 

Convention  resumed  the  consideration  of  the  Bill  of  Rights. 

Mr.  Alderson  offered  the  following,  as  an  additional  section : 

Section  24.  No  religious  test  as  a  qualification  for  office 
>hall  ever  be  required,  and  no  preference  shall  ever  be  given 
by  law  to  any  religious  sect  or  mode  of  worship;  but  the  free 
enjoyment  of  all  religious  sentiments,  and  the  different  modes 
of  worship  shall  ever  be  held  sacred:  Provided,  The  right? 
hereby  secured,  shall  not  be  construed  to  justify  acts  of  licen- 
tiousness injurious  to  morals,  or  dangerous  to  the  peace  and 
safety  of  the  State. 

A  motion  to  lay  on  the  table  was  lost. 

And  the  amendment  of  Mr.  Alderson  was  adopted. 

And  section  24  was  adopted. 

Mr.  Conley  offered  the  following,  as  an  additional  section : 
Section  16.  No  person  shall  ever  be  elected  or  appointed  to 
any  office  in  this  State  for  life,  or  during  good  behavior;  but 
C— 18 


274 


the  tenure  of  offices  shall  be  for  some  specified  period,  if  the 
persons  appointed  or  elected  thereto,  shall  so  long  properly 
conduct  themselves. 

A  motion  to  table  was  lost. 

And  the  section  was  adopted. 

The  following  was  offered  by  Mr.  Conley,  as  an  additional 
section : 

Section  30.  No  person  shall  be  debarred  from  prosecuting 
or  defending  any  civil  cause  for,  or  against  him,  or  herself,  be- 
fore any  tribunal  in  this  State  by  him  or  herself,  or  counsel,  or 
both. 

Which  was  adopted. 

The  following  was  offered  by  Mr.  Conley,  as  an  additional 
section : 

Section  S3.  That  no  person  shall  for  any  indictable  offense 
be  proceeded  against  criminally  by  information,  except  in  cases 
arising  in  the  land  or  naval  forces,  or  the  militia  when  in  actual 
service,  or  by  leave  of  the  court  for  misdemeanor  in  office ; 
Provided,,  That  the  Legislature  in  cases  of  petit  larceny, 
assaults,  assaults  andbatteiy,  affrays,  riots,  unkwful  assembly, 
drunkenness,  vagrancy,  and  other  misdemeanors  of  like  charac- 
ter, may  dispense  with  an  inquest  of  a  grand  jury,  and  may 
authorize  prosecutions  before  Justices  of  the  Peace,  or  such 
other  inferior  court  or  courts  as  may  be  established  by  the 
Legislature,  and  the  proceedings  in  such  cases  shall  be  regu- 
lated by  law. 

Which  was  adopted, 

Mr.  Barry  offered  the  following  as  an  additional  section : 
Section  22.  Capital  punishment  shall  not  be  inflicted  for 
any  crime  known  to  the  laws  of  this  State,  but  in  lieu  thereof 
the  person  or  persons  convicted  shall  be  imprisoned  for  a  term 
of  years  to  be  prescribed  by  law,  or  for  life,  at  the  discretion 
of  the  court. 

The  Convention  adjourned  until  3  o'clock. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
Quorum  present. 

Leaves  of  absence  were  granted  to  Mr.  Beam  for  five  days; 
to  Mr.  Gray  for  ten  days. 

The  Convention  resumed  the  consideration  of  the  Bill  of 
Rights, 

The  section  proposed  by  Mr.  Barry,  being  the  unfinished 
business  of  the  forenoon,  came  up  for  action. 
Mr.  Fitzhugh  moved  the  previous  question; 
Which  was  not  sustained. 

The  Convention  adjourned  until  half-past  7  o'clock. 

NIGHT  SESSION, 
Convention  met  pursuant  to  adjournment. 
Quorum  present* 


275 


Mr.  Cunningham  moved  that  the  rules  be  suspended  to  ena- 
ble him  to  introduce  a  resolution; 
Which  was  lost. 

Mr.  Clarke  moved  to  suspend  the  rules  and  proceed  to  con- 
sider the  resolution  of  Mr.  Barry,  offered  this  day; 
Which  was  lost. 

Mr.  Alderson  offered  the  following: 

Whereas,  A  committee  of  this  Convention,  appointed  to 
investigate  charges  made  against  E.  C.  Merryman,  delegate 
from  the  county  of  Lauderdale,  reported  facts  sustaining  said 
charges;  and 

Whereas,  Xo  final  action  has  been  had  on  said  report:  and 

Whereas,  The  said  R.  C.  Merryman  has  committed  further 
grave  offenses  against  this  Convention  by  a  slanderous  publi- 
cation made  in  the  Jackson  Clarion  of  the  27th  instant,  insin- 
uating corruption  against  the  members  of  this  Convention  for 
the  course  they  took  in  the  accusation  made  and  sustained 
against  him.  the  said  Merryman,  by  the  committee  appointed 
to  investigate  and  report  on  said  charges:  therefore,  be  it 

Resolved,  That  said  report  be  referred  back  to  said  commit- 
tee for  further  action  thereon,  and  that  they  be  directed  to 
investigate  the  facts  in  said  publication  and  report  to  this  Con- 
vention as  soon  as  convenient,  what  action  should  be  taken, 
and  that  they  have  power  to  call  for  witnesses,  papers,  or  what- 
ever they  need. 

Which  was  adopted. 

Mr.  Gibbs  offered  the  following: 

Resolved,  That  so  much  of  the  rules  as  require  a  night  ses- 
sion, be  and  the  same  are  hereby  repealed. 

Mr.  Cunningham  moved  to  amend  as  follows : 

And  that  on  to-morrow  the  Convention  have  but  one  session. 

A  motion  to  lay  on  the  table  was  lost. 

Mr.  Chapman  moved  the  previous  question; 

Which  was  not  sustained. 

Mr.  Alderson  moved  to  suspend  the  rules,  to  consider  the 
Bill  of  Eights. 

Mr.  Parsons,  of  Adams,  offered  the  following: 
Whereas,  the  honorable  member  from  Harrison,  Mr.  Orr, 
refused  to  vote  upon  a  question  before  the  Convention,  after  his 
name  had  been  called,  and  after  the  President  had  told  him 
that  he  must  vote  under  the  rules  of  the  Convention;  therefore, 
be  it 

Resolved,  That  he  be  reprimanded  by  the  President  for  con- 
tempt in  so  refusing  to  obey  the  rules. 

The  Convention  adjourned  until  to-morrow  morning  at  9 
o'clock. 

T.  P.  Sears, 
Secretary. 


276 


FORTY-SEVENTH  DAY. 
Jackson,  Miss.,  Saturday,  February  29th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Ballard,  Barry,  Bonney 
Briclges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke 
Conley,  Cunningham,  Combash,  Dalton,  Fawn,  Field,  Fitzhugh, 
Gaither,  Gibbs,  Goss,  Handy,  Hutto,  Jacobs,  Johnson  A,, 
Lack,  Lawson,  Leonard,  Longmire,  Musgrove,  Moore,  Myers, 
M}'gatt,  McKnight,  Neilson,  Newsom,  Orr,  Ozanne,  Parsons  F.7 
Parsons  J.  R.,  Phillips,  Railsback,  Raine}r,  Smith,  Stewart, 
Stites,  Stovall,  Stringer,  Stiles,  To}^  Vaughan,  Walker,  Weir, 
Williams,  Woodmansee,  and  Yeoman — 57. 

The  following  delegates  were  absent : 

Messrs.  Alcorn,  Collins,  Compton,  Dowd,  Elliott  James,  Gray, 
Hemmingway,  Herbert,  Holland,  Howe,  Jamison,  Johnson  S., 
Jones,  Kerr,  Leas,  Mayson,  Mask,  Montgomeiy,  Miles,  Meriy- 
man,  Morgan,  McCutchen,  McKee,  Nelms,  Peyton  E.  A.,  Peyton 
E.  G.,  Powell,  Quinn,  Richardson,  Stricklin,  Townsend,  and 
Watson— 32. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  Mr.Drane  for  one  day  ;  to 
Mr.  Caldwell  for  one  day. 

Mr.  Woodmansee  moved  a  suspension  of  the  rules  to  permit 
him  to  present  a  resolution ; 

Whieh  was  lost. 

Standing  committees  reported  as  follows: 
Committee  on  General  Provisions  reported  progress. 
Committee  on  Enrollment  presented  the  following  report: 

Mr.  President:  Your  committe  on  Enrollment  having  exam  - 
ined a  tax  ordinance  passed  by  this  Convention  February  27, 
1868,  have  instructed  me  to  report  that  they  find  the  same  cor- 
rectly enrolled,  and  ask  that  said  ordinance  be  made  part  of 
the  proceedings  of  the  day. 

James  Weir, 

Chairman. 

Report  received,  and  the  rules  were  suspended  to  take  action 
thereon. 

And  after  discussion  had  upon  the  same,  the  report  was 
accepted  and  agreed  to. 

The  committee  on  Count}'  Boundaries  submitted  a  report, 
and  on  motion  of  Mr.  Barry,  it  was  recommitted  to  the  com- 
mittee to  enable  them  to  make  a  final  report. 

The  following  resignation  was  received : 


277 


Secretary's  Office,  February  29,  1868. 

To  the  Honorable  President  and  Members  of  the  Constitutional 
Convention  : 

Gentlemen — Circumstances  compel  me  to  resign  my  position 
as  Reading  Clerk  of  this  Convention,  and  I  respectfully  ask 
that  mv  resignation  be  accepted  by  your  honorable  body. 

H.  C.  Powers. 

Resignation  accepted. 

The  section  introduced  by  Mr.  Barry  to  be  incorporated  in 
the  Bill  of  Rights  was  taken  up  for  consideration. 

Mr.  Castello,  of  Adams,  moved  to  amend  as  follows : 

Strike  out  all  after  the  word  "law,"  and  insert,  the  words 
*;  except  for  murder  in  the  first  degree,  rape  and  arson.'' 

Mr.  Newsom  moved  to  amend  by  adding  the  words  "  horse 
stealing,  and  all  executions  shall  be  made  public;" 

"Which  was  laid  on  the  table. 

Mr,  Barry  moved  to  table  the  amendment  of  Mr.  Castello; 
"Which  was  lost. 

Mr.  Castello  moved  the  previous  question,  which  was  sus- 
tained; 

And  his  amendment  was  adopted,  by  the  following  vote  : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Bridges, 
Brinson,  Caldwell,  Castello,  Conley,  Cunningham,  Dalton, 
Fawn,  Fitzhugh,  Gibbs,  Handy,  Hutto,  Jacobs,  Lack,  Lawson, 
Leonard,  Longmire,  Musgrove,  Moore,  Myers,  McKnight, 
Neilson,  Phillips,  Quinn,  Rainey,  Smith,  Stewart,  Stovall, 
Stiles,  To^Vaughan,  W~alker,  Warren,  Weir,  Woodmansee — 39. 

Nays — Messrs.  Bonney,  Chappell,  Clarke,  Combash,  Goss, 
3Iygatt,  Nesbitt,  Newsom,  Orr,  Ozanne,  Railsback,  Stites, 
Stringer,    Yeoman — 14 

And  the  section  was  adopted  as  amended,  by  the  following 
vote.: 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Bridges,  Caldwell. 
Castello,  Chapman,  Conley,  Cunningham,  Dalton,  Fawn,  Gibbs, 
Herbert,  Hutto,  Jacobs,  Lack,  Lawson,  Longmire,  Musgrove, 
Neilson,  Parsons  F.,  Phillips,  Rainey,  Smith,  Stovall,  Stiles, 
T03-,  Vaughan,  Walker,  Wreir,  Woodmansee — 31. 

Nays — Messrs.  Bariy,  Bonney,  Brinson,  Clarke,  Combash, 
Elliott  James,  Fitzhugh,  Goss,  Handy,  Hauser,  Johnson  A., 
Leonard,  Moore,  Myers,  Mygatt,  Newsom,  Orr,  Gzanne,  Par- 
sons J.  R.,  Railsback,  Stewart,  Stites,  Stringer,  Warren,  Yeo- 
man— 25. 

Mr.  C.  W.  Loomis  was  appointed  by  the  President  as  Read- 
ing Clerk,  in  the  place  of  H.  C.  Powers,  resigned. 

Mr.  Alderson  moved  to  reconsider  the  vote  just  taken, 
adopting  the  section  as  amended. 

Mr.  Castello  moved  the  previous  question; 

Which  was  sustained. 

Mr.  Nelms  moved  to  indefinitely  postpone; 

And  on  that  motion,  moved  the  previous  question; 

Which  was  sustained.. 


278 


And  the  motion  of  Mr.  Nelms  was  adopted,  by  the  following 

vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Bonney,  Brinson,  Castello, 
Chappell,  Clarke,  Conley,  Cunningham,  Dalton,  Field,  Fitz- 
hugh,  Gaither,  Gibbs,  Goss,  Handy,  Hauser,  Herbert,  Hutto, 
Johnson  A.,  Lack,  Lawson,  Leonard,  Mayson,  Musgrove,  Myers, 
Mygatt,  Neilson,  Parsons  F.,  Parsons  J.  R.,  Phillips,  Railsback, 
Raine3r,  Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy, 
Walker,  Warren,  Woodmansee,  Yeoman — 45. 

Nays  —Messrs.  Bany,  Chapman,  Longmire,  McKnight,  Nes- 
bitt,  Orr,  Ozanne,  Quinn,  Vaughan,  Weir — 10. 

Mr.  Herbert,  under  the  rules,  was  fined  the  per  diem  of  one 
day  for  not  voting. 

The  Convention  resumed  the  consideration  of  the  Bill  of 
Rights. 

Mr.  Brinson  snbmitted  the  following,  as  an  additional  sec- 
tion. 

Section — .  All  courts  shall  be  open,  .and  every  person  for  an 
injury  done  him,  in  his  lands,  goods,  person  or  reputation,  shall 
have  remedy  by  due  course  of  law,  and  right  and  justice  admin- 
istered, without  sale,  denial,  or  delay. 

The  rules  were  suspended,  and  Convention  adjourned  until 
Mondajr  morning  at  10  o'clock. 

T.  P.  Sears, 

Secretary. 


FORTY-EIGHTH  DAY. 

Jackson,  Miss.,  Monday,  March  2d,  1888. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Ballard,  Barry,  Bonney, 
Brinson,  Castello,  Caldwell,  Chapman,  Chappell,  Clarke, 
Combash,  Compton,  Conely,  Cunningham,  Dalton,  Drane, 
Elliott  James,  Field,  Fitzhugh,  Gaither,  Gibbs,  Goss7 
Handy,  Hauser,  Herbert,  Hutto,  Jacobs,  Lack,  Law- 
son,  Leas,  Leonard,  Longmire,  Mayson,  Musgrove, 
Moore,  Morgan,  Myers,  Mygatt,  McKnight,  Nesbitt,  Newsom, 
Orr,  Ozanne,  Peyton  E.  G.,  Parsons  F.,  Parsons  J.  R.,  Phillips, 
Quinn,  Railsback,  Rainey,  Smith,  Stewart,  Stiles,  Stovall, 
Stringer,  Stites,  Toy,  Vaughan,  Walker,  Williams,  Weir, 
Woodmansee,  Yeoman — 64. 

The  following  delegates  were  absent : 

Messrs.  Alcorn,  Beam,  Bridges,  Collins,  Dowd,  Elliott  John. 
Fawn,  Gray,  Hemmingway,  Holland,  Howe,  Jamison,  J ohnsoa 


279 


S.,  Johnson  A.,  Jones,  Kerr.  Mask,  Montgomery,  Merryman, 
McCutchen,  McKee,  Neilson,  Nelms,  Peyton  E.  A.,  Powell, 
Richardson  Stricklin,  Townsend,  Watson — 29. 

Journal  of  Saturday  read  and  approved. 

Mr.  Townsend's  leave  of  absence  was  extended  until  Thurs- 
day next,  March  5,  1868. 

Mr.  A.  Johnson,  was  granted  a  leave  of  absence  for  two 
days;  Mr.  Fawn,  for  four  days;  Mr.  Orr,  for  ten  days,  com- 
mencing the  4th  of  March. 

Mr.  Gibbs  moved  that  the  Convention  do  now  proceed  to  the 
further  consideration  of  the  Bill  of  Rights. 

The  Section  introduced  by  Mr.  Brinson,  on  Saturday,  pend- 
ing the  discussion  of  which,  the  Convention  adjourned,  was 
taken  up. 

And  the  section  was  adopted. 

Mr.  Alderson  offered  the  following: 

"No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner  ;  or  in  time  of  war. 
but  in  a  manner  to  be  prescribed  by  law  :  " 

Which  was  lost. 

Mr.  Woodmansee  offered  the  following : 

The  death  penalty  shall  not  be  inflicted  for  any  crime  known 
to  our  laws,  except  for  murder  in  the  first  degree; 
Which  was  laid  on  the  table. 
Mr.  Clarke  offered  the  following: 

When  the  public  good  requires  it,  which  shall  be  determined 
by  law,  sites  for  educational  purposes  shall  be  granted  by  the 
owner  or  owners  of  lands,  and  they  shall  accept  the  award  of 
three  commisssioners,  whose  appointment  shall  be  determined 
by  la  w. 

Mr.  Woodmansee  moved  to  lay  on  the  table; 
Which  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Chapman,  Compton,  Conley,  Dal 
ton,  Elliott  James,  Field,  Gaither,  Gibbs,  Goss,  Hauser,  Hutto, 
Lack,  Lawson,  Longmire,  McKnight,  Nesbitt,  Ozanne,  Phillips. 
Rainey,  Smith,  Stovall,  Stiles,  Vaughan,  Walker,  and  Wood- 
mansee— 26. 

NAYS-Messrs.  Ballard,  Barry,  Bonney,Bridges,  Castello,  Clarke. 
Drane,  Fitzhugh,  Handy,  Jacobs,  Leonard,  Mayson,  Musgrove, 
Moore,  Myers,  Mygatt,  Newsorn,  Orr,  Parsons  F.,  Parsons  J. 
R.,  Peyton  E.  G.,  Railsback,  Stewart,  Stites,  Stringer,  Toy. 
Warren,  Williams,  Yeoman — 29. 

The  previous  question  was  called;  call  sustained. 

And  the  amendment  of  Mr.  Clarke  was  lost,  by  the  follow- 
ing vote : 

Yeas — Messrs.  Ballard,  Bonney,  Chapman,  Clarke,  Drane. 
Fitzhugh,  Hand}',  Lawson,  Leonard,  Maj'son,  Musgrove,  Moore. 
Myers,  Mygatt,  Newsom,  Orr,  Railsback,  Stewart,  Stites. 
Stringer,  Warren — 21. 

Nats — Messrs.  Alderson,  Barry,  Bridges,  Castello,  Chappell. 
Compton,  Conley,  Cunningham,  Dalton,  Elliott  James,  Field. 
Gaither,  Gibbs,  Goss,  Hauser,  Hutto,  Jacobs,  Lack,  Long- 


280 


mire,  McKnight,  Nesbitt,  Ozanne,  Parons  F.,  Parsons  J.  E., 
Peyton  E.  G.,  Phillips,  Quinn,  Rainey,  Smith,  Stovall,  Stiles, 
Toy,  Vaughan,  Walker,  Weir,  Williams,  Woodmansee,  Yeo- 
man— 38. 

•  Mr.  Parsons,  of  Adams,  offered  the  following  resolution : 

Resolved,  That  the  Secretary  be  authorized  and  instructed 
to  furnish  the  Official  Printer  with  a  copy  of  the  Bill  of  Rights, 
as  amended  and  passed  upon  its  second  reading,  and  that 
one  hundred  copies  of  the  same  be  printed  for  the  use  of  the 
Convention. 

Which  was  adopted. 

Mr.  Gibbs  moved  that  the  rules  be  suspended  in  order  that 
a  motion  to  reconsider  the  vote  adopting  section  1,  as  printed, 
might  be  made. 

Mr.  Clarke  moved  to  add  section  26  to  the  motion  of  Mr. 
Gibbs; 

Which  was  lost. 

And  the  motion  of  Mr.  Gibbs  was  carried,  by  the  following 

vote : 

Yeas — Messrs.  Alderson,  Barry,  Bonne^y,  Bridges,  Caldwell, 
Castello,  Chapman,  Chappell,  Clarke,  Combash,  Compton,  Con 
ley,  Cunningham,  Drane,  Field,  Fitzhugh,  Gaither,  Gibbs,  Goss, 
Handy  Hauser,  Herbert,  Hutto,  Jacobs,  Lack,  Lawson,  Mayson, 
Musgrove,  Moore,  Myers,  McKee,  Nesbitt,  Newsom,  Ozanne, 
Parsons  F.,  Peyton  E.  G.,  Phillips,  Railsback,  Rainey,  Smith, 
Stewart,  Stites,  Stovall,  Stiles,  Toy,  Vaughan,  Walker,  Warren, 
Weir,  Williams,  Woodmansee,  and  Yeoman — 52. 

Nays — Messrs.  Ballard,  Dalton,  Elliott  James,  Mygatt,  and 
Parsons  J.  R. — 5. 

And  the  vote  adopting  the  first  section  being  reconsidered, 
Mr.  Parsons,  of  Adams,  moved  to  amend  section  1  as  follows : 
Strike  out  all  after  the  word  "  naturalized,"  in  third  line,  to 
the  word  "are,"  in  sixth  line;  strike  out  all  after  the  word 
u  Mississippi,"  in  seventh  and  eighth  lines. 
Mr.  Field  offered  the  following : 

Insert  the  words  "for  twelvemonths"  after  the  word  "  resi- 
dent." 

Mr.  Castello  moved  to  table; 

Which  was  carried,  by  the  following  vote : 

Yeas-  Messrs.  Alderson,  Barry,  Bonney,  Brinson,  Caldwell, 
Castello,  Chappell,  Drane,  Fitzhugh,  Gibbs,  Hauser,  Jacobs, 
Lawson,  Leas,  Leonard,  Mayson,  Musgrove,  Moore,  Myers, 
M}Tgatt,  Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton 
E.  G.,  Quinn,  Railsback,  Stringer,  Toy,  Warren,  Williams, 
Woodmansee,  and  Yeoman — 33. 

Nays — Messrs.  Bridges,  Chapman,  Clarke,  Combash,  Comp- 
ton, Conley,  Cunningham,  Dalton,  Elliott  James,  Field,  Gaither, 
Goss,  Hutto,  Lack,  Longmire,  McKee,  McKnight,  Nesbitt.  Phil- 
lips, Rainejr,  Smith,  Stewart,  Stites,  Stovall,  Stiles,  Vaughan, 
Walker,  Weir— 28. 

Mr.  Alderson  moved  to  amend  section  1  as  follows-: 

All  persons  born  or  naturalized  in  the  United  States,  and 


281 


citizens  thereof,  or  who  shall  have  declared  their  intention  to 
become  such,  without  regard  to  race  or  color,  residents  in  this 
State,  shall  he  deemed  citizens  thereof,  and  entitled  to  all  the 
civil  and  religious  rights  and  privileges  due  to  any  one  under 
this  Constitution; 

Which  was  laid  on  the  table. 

Mr.  Herbert  moved  to  amend  section  1  as  follows: 

Amend  by  striking  out  the  words  "  all  persons,"  and  inserting 
the  following:  "All  men  twenty-one  years  old,  being  citizens  of 
the  United  States,  and  residents  of  this  State  for  twelvemonths, 
are  hereby  declared  to  be  citizens  of  the  State  of  Mississippi, 
entitled  to  the  enjoyment  of  all  and  every  political  and  public 
privilege  which  each  member  of  the  community  has  a  right  to 
hold  and  enjoy ;  Provided,  That  no  man  shall  be  entitled  to 
vote  at  the  ballot-box  who  shall  have  been  guilt}*  of  treason  or 
other  felony. 

Which  was  laid  on  the  table. 

Mr.  Gastello  moved  the  previous  question: 

Which  was  sustained. 

And  the  amendment  of  Mr.  Parsons  was  adopted. 
And  section  1,  as  amended,  was  adopted,  by  the  following- 
vote  : 

Yeas — Messrs.  Alderson,  Alcorn,  Bonney,  Brinson,  Caldwell, 
Castello,  Chapman,  Clarke,  Cunningham.  Drane,  Elliott  James, 
Fitzhugh,  Gibbs,  Goss,  Handy,  Hauser,  Jacobs,  Lawson,  Leas, 
Leonard,  Mayson,  Musgrove,  Moore.  Myers,  Newsom,  Orr, 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  G.,  Railsbaek, 
Stewart,  Stites,  Stringer,  Toy,  Vaughan,  Warren,  Williams, 
Woodmansee,  and  Yeoman — 40. 

Nays — Messrs.  Bridges,  Compton,  Conley,  Dalton,  Field, 
Gaither,  Herbert,  Hutto,  Lack,  Longmire,  McKnight,  Nesbitt, 
Phillips,  Rainey,  Smith,  Stovall,  Stiles,  and  Weir — IS. 

Mr.  Parsons,  of  Adams,  moved  to  suspend  the  rules  to  fur- 
ther consider  section  26; 

Which  was  carried. 

Mr.  Parsons,  of  Adams,  moved  to  reconsider  the  vote  adopt- 
ing section  26 ; 

Which  was  carried. 

And  section  26  being  before  the  Convention  for  consideration, 
Mr.  Gibbs  moved  to  strike  out  all  after  the  word  "between,"  in 
second  line,  and  insert  the  words  "foreigners  who  are  now,  or  ma}T 
hereafter  become  actual  residents  in  the  State,  and  shall  be  se- 
cured in  the  same  rights  in  respect  to  the  acquisition,  posses- 
sion and  descent  of  property  as  are  secured  to  native  born  or 
naturalized  citizens;" 

Which  was  laid  on  the  table. 

Mr.  Alderson  moved  to  amend  as  follows : 

"Xo  distinction  shall  ever  be  made  between  citizens  and  for- 
eigners permanently  located  in  this  State  in  reference  to  the 
enjoyment  and  descent  of  property;" 

Yv^hich  was  laid  on  the  table. 


282 


Mr.  Cunningham  moved  to  strike  out  the  word  "  residents," 
in  the  third  line,  and  insert  the  word  "citizens,"  instead. 

Mr.  Stiles  moved  to  strike  out  the  words  "  residents  and 
aliens,"  and  insert  the  word  "  citizens;" 

Which  was  laid  on  the  table. 

Mr.  Orr  moved  the  previous  question; 

Which  was  sustained. 

And  the  amendment  of  Mr.  Cunningham  was  adopted. 
And  section  26  was  adopted  as  amended. 

Mr.  Stiles  moved  to  suspend  the  rules  that  a  motion  might 
be  made  to  reconsider  the  vote  adopting  section  25,  as  printed. 
Which  was  laid  on  the  table. 

Mr.  Stovall  moved  to  suspend  the  rules  to  permit  him  to  in- 
troduce a  resolution; 
Which  was  carried. 
Mr.  Stovall  introduced  the  following: 

Whereas,  Numerous  petitions  have  been  received  from  dif- 
ferent portions  of  the  State  asking  the  Convention  to  change 
county  boundaries  and  form  new  counties;  and, 

Whereas,  The  duties  of  this  Convention  as  set  forth  by  the 
reconstruction  law  of  Congress,  do  not  contemplate  legislative 
action  by  said  Convention;  and, 

Whereas,  The  subject  of  changing  county  boundaries  and 
forming  new  counties  was  never  discussed  before  the  people 
pending  the  election  of  delegates  to  this  Convention;  there- 
fore, be  it 

Resolved,  That  the  subject  of  changing  county  boundaries 
and  forming  new  counties,  belongs  exclusively  to  the  legisla- 
tive department  of  the  Government,  and  therefore,  this  Con- 
vention will  not  entertain  any 'petition  on  that  subject. 

Mr.  Castello  moved  a  further  suspension  of  the  rules  that 
the  Convention  may  take  action  on  the  resolution; 

Which  was  carried. 

Mr.  Gibbs  moved  the  previous  question ; 
Which  was  sustained. 

And  the  resolution  of  Mr.  Stovall  was  adopted,  by  the  fol- 
lowing vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Bonney,  Bridges, 
Brinson,  Castello,  Chapman,  Combash,  Compton,  Conley, 
Dalton,  Drane,  Elliott  James,  Field,  Fitzhugh,  Gaither,  Gibbs, 
Goss,  Handy,  Hauser,  Hutto,  Jacobs,  Lack,  Leas,  Leonard, 
Longmire,  Musgrove,  Moore,  Myers,  Mygatt,  Nesbitt,  Newsom, 
Orr,  Ozanne,  Peyton  E.  G.,  Phillips,  Quinn,  Eailsback,  Eainey, 
Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy,  Vaughan, 
W  arren,  Woodmansee,  Yeoman — 51. 

Nays — Messrs.  Chappell,  Cunningham,  Mayson,  McKnight, 
Weir — 5. 

Mr.  Castello  moved  to  suspend  the  rules  to  take  up  the 
report  of  the  committee  on  Legislative  Department; 
Which  was  carried. 

And  section  1  was  adopted,  as  amended,  by  striking  out  the 


283 


words  "  General  Assembly, "  and  inserting  the  word  "Legisla- 
ture." 

Section  2  was  adopted  as  printed. 
Section  3: 

Mr.  Alderson  moved  to  amend  by  striking  out,  all  after  the 
word  election.*'  in  the  sixth  line;  and  inserting  the  word 
-reside,"  instead  of  the  words  "  have  an  actual  residence 

"Which  was  laid  on  the  table. 

And  section  3  was  adopted,  as  printed. 

Section  4  was  adopted,  as  printed. 

Section  5 : 

Mr.  Field  moved  to  amend  as  follows :  t;  Nor  unless  he.  hi; 
wife,  or  children,  own  property  to  the  amount  of  $500:" 
Which  was  laid  on  the  table. 
Mr.  Castello  moved  the  previous  question; 
Which  was  sustained. 
And  section  5  was  adopted,  as  printed. 
Section  6 : 

Mr.  Weir  moved  to  strike  out  the  words  "  General  Assem- 
bly." in  the  third  line,  and  insert  the  word  "  Legislature;" 
Which  was  carried. 

And  section  6  was  adopted,  as  amended. 

Mr.  Castello  moved  to  strike  out  the  words  "  General  As- 
sembly," wherever  they  occur  in  the  report,  and  insert  the 
word  ''Legislature:" 

Which  was  carried. 

Section  7  was  adopted,  as  printed. 

The  Convention  adjourned  until  3  o'clock  p.  m. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

The  consideration  of  the  report  of  the  committee  on  Legis- 
lative Department  being  before  the  Convention,  2vlr.  Field 
moved  to  strike  out  section  S  of  the  report; 

Which  was  laid  on  the  table: 

And  section  S  was  adopted  as  printed. 

Section  9  was  adopted  as  amended  by  striking  out  the  words 
■•  General  Assembly,"  and  inserting  the  word  "  Legislature." 
Section  10: 

The  following  amendment  was  offered : 

Strike  out  ail  after  the  word  --no."  in  first  line,  and  insert 
the  following :  "Persons  holding  any  office  of  the  L^nited 
States  or  this  State,  or  any  county  office,  excepting  postmast- 
ers, notaries  public,  officers  of  the  militia,  and  township  offi- 
cers, shall  not  be  eligible  to.  or  have  a  seat  in  either  branch  of 
the  Legislature,  and  all  votes  given  for  any  such  persons  shall 
be  void. 

A  motion  to  lay  on  the  table  was  lost: 
And  the  amendment  was  lost. 
Mr.  Herbert  moved  the  previous  question: 
Inch  was  sustained: 


284 


And  section  10  was  adopted  as  printed. 

Section  11  was  adopted  as  printed. 

Mr.  Musgrove  moved  to  strike  out  section  12. 

A  motion  to  lay  on  the  table  was  lost. 

And  section  12  was  adopted  as  printed. 

Section  13  was  adopted  as  read. 

Section  14: 

Mr.  Gibbs  moved  to  strike  out  the  word  "  sitting,"  in  the 
ninth  line,  and  insert  the  word  "  assembled;" 
Which  was  carried. 

And  section  14  was  adopted  as  amended. 
Section  15: 

Mr.  Compton  moved  to  strike  out  the  word  "  one-tenth,"  and 
insert  the  word  "  three." 

Mr.  Fitzhugh  moved  to  postpone  indefinitely; 
Which  was  carried. 

Mr.  Field  moved  to  amend  by  inserting  the  word  "jfiye'* 
instead  of  the  word  "  one-tenth;" 
Which  was  laid  on  the  table. 
And  section  15  was  adopted  as  printed. 
Section  16 : 

Mr.  Ozanne  moved  to  amend  as  follows : 

After  the  word  "except,"  in  the  fourth  line,  strike  out  the 
words,  "  in  cases  which,"  and  insert  the  words,  "  when  public 
welfare;" 

Which  was  laid  on  the  table. 

Section  16  was  adopted  as  read. 

Section  17: 

Mr.  Field  moved  that  the  word  "ballot,"  in  the  fifth  line,  be 
stricken  out,  and  the  word  "action"  be  substituted;  that  the 
words,  "  the  vote,"  in  sixth  line,  be  stricken  out,  and  the  word 
"it"  be  substituted,  and  the  word  "given,"  in  seventh  line  be 
stricken  out. 

Mr.  Compton  moved  to  strike  out  the  section  and  amend- 
ments. 

Mr.  McKee  moved  to  postpone  indefinitely,  the  section  and 
mendments; 
Which  was  laid  on  the  table. 

Mr.  Barry  moved  to  amend,  after  the  word  "  house  "  in  4th 
and  5th  lines,  by  inserting  the  words  "it  shall  be  by  yeas  and 
nays,  and  entered  on  the  Journal." 

Mr.  McKee  moved  to  lay  all  amendments  on  the  table; 

Which  was  carried. 

Mr.  Compton  moved  to  strike  out  the  section; 
Which  was  carried. 

Convention  adjourned  until  7-J  o'clock. 

NIGHT  SESSION. 

Convention  met  pursuant  to  adjournment. 


255 


Upon  calling  the  roll,  no  quo  rum  was  present:  and  on  motion 
of  Mr.  Gibbs,  the  Convention  adjourned  until  to-morrow  at  9 
o'clock. 

T.  P.  Sears, 

.Secretary, 


FOKTY-NENTH  DAY. 

Jacks  ox.  Miss..  Tuesday.  March  3.1,  1868, 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President.  Messrs,  Alderson,  Alcorn.  Ballard,  Barry = 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chap- 
pell,  Clarke.  Combash,  Compton.  Conlev,  Cunningham,  Dalton, 
Drane,  Elliott  James,  Field.  Fitzhugh.  Gibbs,  Goss.  Handy. 
Kauser,  Herbert.  Hutto,  Jacobs.  Lack.  Lawson.  Leas.  Leonard, 
Mayson,  Musgrove  Morgan.  Myers.  Mygatt.  McKee,  31  c Knight, 
Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Pey- 
ton E.  G.,  Quinn.  Railsback.  Eainey.  Smith.  Stewart.  Stites, 
Toy,  Vaughan.  Walker,  Warren,  Weir,  Williams,  Woodmansee 
Yeoman— 64. 

The  following  delegates  were  absent : 

3Iessrs.  Beam,  Collins,  Dowd,  Elliott  John.  Fawn.  Gaither, 
Gray,  Hemmingway,  Holland.  Howe.  Jamison.  Johnson  S., 
Johnson  A..  Jones,  Kerr,  Longmire.  3Iask.  3Iontgomery.  Miles, 
Merryman,  Moore, McCutchen,  Neilson,  Nelms,  Peyton  E,  A., 
Powell.  Richardson.    Stricklin,  Town  send.  Watson — BO. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  delegates  : 

To  Mr.  Rainey,  ten  days:  to  Mr.  Fitzhugh.  ten  days;  to  Mr. 
Collins,  ten  days ;  to  Mr.  Kerr,  five  days ;  to  Mr.  Phillips,  one 
week. 

The  Committee  on  Militia  reported  progress. 

The  rules  were  suspended, and  the  Convention  proceeded  tc 
consider  the  report  of  the  Committee  on  the  Legislative  De- 
partment. 

Section  18: 

Mr.  Parsons,  of  Adams,  moved  to  p  -stp  >i:e  the  further  con- 
sideration of  the  section; 
Which  was  lost. 

And  section  18  was  adopted  as  printed. 
Section  19: 

Mr.  Cunningham  moved  to  amend  the  section  by  adding  to 
seventh  line.  11  whether  such  crimes  shall  have  been  committed 
in  the  State  or  elsewhere:*' 

Which  was  laid  on  the  table. 


286 


Mr.  Hutto  moved  to  strike  out  the  whole  of  section  19; 
Which  was  lost. 

And  section  19  was  adopted  as  printed. 
Section  20: 

Mr.  Compton  moved  to  table; 
Which  was  lost. 

Mr.  Alderson  moved  to  amend  section  20  as  follows : 
Insert  the  words  "the  laws  of,"  between  the  words  "  under" 
and  "this;" 

Which  was  carried. 

Mr.  Compton  moved  to  postpone  indefinitely  the  considera- 
tion of  the  section  and  amendments; 
Which  was  laid  on  the  table. 

Mr.  Gibbs  moved  to  amend  section  20,  as  follows : 
Strike  out  after  the  word  "  appointment,"  in  fifth  line,  to 
the  word  "and,"  in  seventh  line; 
Which  was  adopted. 

Mr.  Hauser  moved  to  add  after  the  word  "  offer,"  in  ninth 
line,  the  words  "or  accept;" 
Which  was  laid  on  the  table. 

Mr.  Parsons,  of  Adams,  moved  to  indefinitely  postpone  sec- 
tion 20; 

Which  was  laid  on  the  table. 
Mr.  Compton  moved  to  recommit; 
Which  was  laid  on  the  table. 
Section  20  was  adopted. 
Section  21 : 

A  motion  to  strike  out  was  laid  on  the  table. 
And  section  21  was  adopted  as  printed. 

Mr.  Barry  moved  a  reconsideration  of  the  vote  adopting 
section  21; 
Which  was  laid  on  the  table. 
Section  14: 

Mr.  Ozaniie  moved  to  reconsider  the  vote  adopting  sec- 
tion 14; 

Which  was  carried. 

Mr.  Barry  moved  to  strike  out   the  word  "assembled," 
and  insert  the  word  "  sitting;" 
Which  was  carried. 

And  section  14  was  adopted  as  printed. 
Section  22  was  adopted  as  amended. 
Section  23  was  adopted  as  amended. 
Section  24  was  adopted  as  amended. 
Section  25  was  stricken  out. 
Section  19: 

Mr.  Orr  moved  to  reconsider  the  vote  upon  the  section ; 
Which  was  laid  on  the  table. 
Section  26  was  adopted  as  read 
Section  27: 

Mr.  Peyton  moved  to  amend  the  section,  as  follows : 

After  the  word  "  return,"  in  the  sixth  line,  insert  the  word 


287 


"  it,"  and  after  the  word  "  laws,'1  in  seventh  line,  insert  the  word 
"  thereto;" 

Which  was  carried. 

Section  27: 

Mr.  Leas  moved  to  amend  as  follows: 

Strike  out  u10,"  in  twenty-sixth  line,  and  insert  "5;"' 

Which  was  carried. 

And  section  27  was  adopted,  as  amended. 
Mr.'  Clarke,  of  Yazoo,  moved  to  invite  General  McMeilam  of 
Louisiana,  to  a  seat  within  the  bar  of  the  Convention; 
Which  was  carried. 

After  which  the  Convention 'took  a  recess  for  fifteen  minutes. 
Convention  re-assembled,  after  listening  to  an  address  by- 
General  McMellan,  a  member  of  the  Louisiana  Convention. 
Section  28  was  adopted,  as  printed. 
Section  29: 

Mr.  Woodmansee  moved  to  amend  by  adding,  in  the  fourth 
line,  after  the  word  "law,"  the  following: 

But  by  the  vote  of  the  House  of  Representatives,  on  a  read- 
ing on  three  separate  days,  and  on  the  yeas  and  nays  being 
taken  on  the  final  passage. 

A  motion  to  lay  on  the  table  was  lost. 

Mr.  Fitzhugh  moved  to  indefinitely  postpone. 

Mr.  Weir  moved  the  previous  question ; 

Which  was  sustained. 

And  the  motion  to  postpone  was  carried. 

And  section  29  was  adopted,  as  printed. 

Section  30  was  adopted,  as  printed. 

Section  31  was  adopted,  as  printed. 

Section  32: 

Mr.  Barry  moved  to  amend  by  adding  the  words  "or  Lieu- 
tenant Governor,"'  at  end  of  first  line; 

Which  was  carried.  * 

Mr.  McKee  moved  to  strike  out  the  words  "  Supreme  Court," 
and  insert  the  words  "High  Court  of  Errors  and  Appeals;" 

Which  was  carried. 

And  section  32  was  adopted,  as  amended. 
Section  33  was  adopted,  as  printed. 
Section  34: 

Mr.  Conley  moved  to  amend  as  follows: 

Strike  out  all  from  the  word  •'  same,"  in  the  twelfth  line,  to 
ike  word  "  before,"  in  the  thirteenth  line,  and  insert  the  follow- 
ing: 

And  shall  have  an  opportunity  to  be  heard  by  himself,  or 
counsel,  or  both; 
Which  was  carried. 

And  section  34  was  adopted,  as  amended. 
Section  35: 

Mr.  Parsons,  of  Adams,  moved  to  strike  out  the  section  • 

Which  was  carried. 

Section  36  was  adopted,  as  printed. 

Section  37: 


288 


Mr.  Leas  moved  to  strike  out  "  5,"  and  insert  "10;" 
Which  was  laid  on  the  table. 

Mr.  Compton  moved  lo  amend,  by  inserting  after  the  word 
"made,"  the  following: 

And  the  first  enumeration  shall  be  ordered  at  the  first  meet- 
ing of  the  Legislature  held  under  this  Constitution. 

Mr.  Hauser  moved  the  previous  question. 

And  the  amendment  of  Mr.  Compton  was  adopted. 

Mr.  Vaughan  moved  to  reconsider; 

Which  was  carried. 

Section  37: 

Mr.  Compton  moved  to  strike  out  the  words  "  once  in  every 
five  years." 

Mr.  Vaughan  moved  to  amend  as  follows : 

Amend,  after  the  word  "  State,"  in  sixth  line,  by  inserting  the 
words  "first  session  of  the  Legislature  under  this  Constitu- 
tion ;"  strike  out  the  word  "five,"  and  insert  the  word  "ten;" 
strike  out  all  after  the  word  "year,"  to  the  end  of  the  section. 

Convention  adjourned  until  3  o'clock. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
The  rules  were  suspended  to  permit  Mr.  Field  to  introduce 
a  resolution : 

Besolved,  That  a  committee  of  fifteeen,  three  from  each 
Congressional  District,  be  appointed  by  the  President,  to  frame 
an  ordinance  for  the  relief  of  the  people  of  Mississippi  from 
their  pecuniary  embarrassment,  consistent  with  the  rights  and 
obligations  of  all  parties,  and  the  Constitution  of  the  United 
States. 

Mr.  Castello  moved  to  lay  the  resolution  on  the  table; 
Which  was  lost. 

Mr.  Clarke  moved  the  previous  question,  which  was  sustain- 
ed, and  the  resolution  was  adopted. 

Mr.  Ozanne  moved  that  the  rules  be  suspended  to  enable  Mr. 
Banyto  introduce  a  resolution. 

Mr.  Castello  moved  the  previous  question,  which  was  sus- 
tained, and  the  motion  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Chapman,  Combash,  Compton,  Con- 
ley,  Dalton,  Elliott  James,  Field,  Goss,  Hauser,  Hutto,  Lack, 
Lawson,  Leas,  Leonard,  Longmire,  Mayson,  Myers,  Mygatt, 
McKnight,  Newsom,  Ozanne,  Phillips,  Quinn,  Railsbaek, 
Kainey,  Smith,  Stites,  Stovall,  Stringer,  Stiles,  Walker,  and 
Williams— 33. 

Nays — Messrs.  Alderson,  Bonney,  Bridges,  Brinson,  Cald- 
well, Castello,  Clarke,  Cunningham,  Drane,  Gibbs,  Handy,  Mus- 
grove,  McKee,  Orr,  Parsons  F.,  Peyton  E.  G.,  Stewart,  Toy, 
Warren,  Woodmansee,  and  Yeoman — 21, 

Mr.  Compton  moved  to  suspend  the  rules  to  allow  Mr.  My- 
gatt to  introduce  a  resolution ; 

Which  was  carried. 

Mr.  Mygatt  offered  the  following  : 


r 

239 

JResolved,  That  from  this  date,  there  shall  be  but  one  ses- 
sion each  day,  commencing  at  9  o'clock,  a.  m.,  and  continuing 
until  2  o'clock,  p.  m.,  and  no  motion  of  adjournment  shall 
be  in  order  prior  to  that  time,  without  a  suspension  of  the 
rules  of  this  house. 

A  motion  to  la}-  the  resolution  on  the  table,  was  lost. 

Mr.  Cunningham  moved  the  previous  question,  which  was 
sustained,  and  the  resolution  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Barry,  Castello,  Chapman, 
Compton,  Cunningham,  Dalton,  Drane,  Elliott  James,  Gibbs. 
Goss,  Handy,  Hauser,  Jacobs,  Leas,  Leonard,  Longmire,  My- 
gatt,  McKnight,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Peyton  E. 
G.,  Phillips,  Quinn,  Rainey,  Stites,  Stringer,  Stiles,  Walker, 
Williams,  and  Yeoman — 34. 

Nats — Messrs.  AMerson,  Bonney,  Bridges,  Brinson,  Caldwell. 
Clarke,  Field,  Hutto,  Lack,  Lawson,  Majson,  Musgrove, 
Myers,  McKee,  Nesbitt,  Parsons  J.  R.,  Railsbrck,  Smith. 
Stewart,  S  to  vail,  Toy,  Warren,  and  Woodmansee — 23. 

A  motion  to  adjourn  was  lost. 

The  Convention  resumed  the  consideration  of  the  report  of 
Legislative  Committee ; 

And  the  amendment  of  Mr.  Vaughan,  pending  on  adjourn- 
ment, was  laid  on  the  table. 

Mr.  Castello  moved  to  amend  section  37,  as  follows : 

After  the  word  "  State, "  strike  out  the  balance  of  section 
and  insert  the  words'  "  once  in  every  ten  years.  The  first  enum- 
eration shall  be  made  A.  D.  1875." 

A  motion  to  lay  on  the  table  was  lost. 

Mr.  Cunningham  moved  the  previous  question; 

Which  was  sustained. 

And  the  amendment  of  Mr.  Castello  was  lost. 
And  the  amendment  of  Mr.  Compton  was  adopted. 
And  seetion  37,  as  amended,  was  adopted. 
Section  38: 

Mr.  Chapman  moved  to  strike  out  all  between  the  word  "  that,'7 
in  the  thirteenth  line,  and  the  word  ';  each,  "  in  the  sixteenth 
line. 

Which  was  laid  on  the  table. 

Mr.  Musgrove  moved  to    strike  out  all  after    the  word 
"county,"  in  tenth  line,  to  the  word  "shall,"  in  the  sixteenth  line. 
The  Convention  adjourned  until  half  past  7  o'clock  p.  m. 

NIGHT  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
No  quorum  present. 

Convention  adjourned  until  9  o'clock,  to-morrow  morning. 

T.  P.  Sears, 

Secretary. 


C— 19 


290 


FIFTIETH  DAY. 

Jackson,  Miss.,  Wednesday,  March  4th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chap- 
pell,  Clarke,  Combash,  Compton,  Conley,  Cunningham,  Dalton, 
Drane,  Elliott  James,  Fawn,  Field,  Gibbs,  Goss,  Hand}',  Hauser, 
Hutto,  Jacobs,  Johnson  A.,  Lack,  Lawson,  Leas,  Leonard,  Long- 
mire,  Mayson,  Musgrove,  Moore,  Myers,  Mygatt,  McKee,  Mc- 
Knight,  Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons 
J.  R.,  Peyton  E.  G.,  Phillips,  Quinn.  Railsback,  Richardson, 
Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy,  Vaughan, 
Walker,  Warren,  Weir,  Williams,  Woodmansee,  Yeoman — 65. 

The  following  delegates  were  absent: 

Messrs.  Beam,  Collins,  Dowd,  Elliott  John,  Fitzhugh,  Gaither, 
Gray,  Hemming  way,  Herbert,  Holland,  Howe,  Jamison,  John- 
son S.,  Jones,  Kerr,  Montgomery,  Merryman,  Mask,  McCutchen, 
Morgan,  Neilson,  Nelms,  Peyton  E.  A.,  Powell,  Rainey,  Strick- 
iin,  Townsend,  Watson — 28. 

Journal  of  3^esterday  was  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  named  gen- 
tlemen for  the  period  affixed  to  their  names : 

To  Mr.  E.  A.  Peyton  five  days;  to  Mr.  Richardson  one  day; 
to  Mr.  Walker  one  day;  to  Mr.  Morgan  two  days;  to  Mr  Cun- 
ningham two  days;  to  Mr.  Miles  ten  days. 

The  committee  on  General  Provisions  reported  progress. 

The  committee  on  Contingent  Expenses  made  the  following 
report : 

To  the  Honorable  President  and  Members  of  the  Constitutional 
Convention  of  the  State  of  Ifississijjpi: 

Your  committee  on  Contingent  Expenses  would  respectfully 
report  that  the  bill  hereto  annexed,  referred  to  them  for  exam- 
ination, has  been  found  correct,  and  would  recommend  the  same 
be  allowed, 

Very  respectfully, 

U.  Ozanne, 

Chairman. 
W.  H.  Gibbs, 
S.  C.  Conley, 
J.  Railsback, 
Jno.  C.  Brinson, 
Committee. 


291 


Jackson,  Miss.,  March  2,  1868. 


Mississippi  Constitutional  Convention, 

To  Jackson  Gas  Light  Company,  Dr. 
To  Gas  consumed  in  month  February,  1868  $56  00 

A  true  copy  of  the  original  bill. 


Rules  suspended  so  far  as  relates  to  the  printing  of  the  re- 
port in  bill  form. 
Report  received. 

And  the  bill  being  allowed,  warrant  was  directed  to  be  drawn. 
The  committee  on  Contingent  Expenses  reported  further,  as 
follows : 

To  the  Honorable  President  and  Members  of  the  Constitutional 
Convention  of  Mississippi  : 

The  bill,  hereto  annexed,  of  the  Journal  office  for  daily  news- 
papers furnished  to  the  members  of  the  Convention,  referred  to 
the  committee  on  Contingent  Expenses,  has  been  duly  exam- 
ined and  found  correct  as  far  as  numbers  are  concerned.  In 
regard  to  the  price,  the  committee  would  state  that  in  their 
judgment  they  think  five  cents  per  copy,  for  said  daily  paper, 
to  be  a  liberal  allowance,  and  would  recommend  that  instead  of 
seven  cents,  as  charged  in  the  bill,  five  cents  be  allowed. 

Very  respectfully, 

U.  OZANNE, 

Chairman. 
W.  H.  Gibbs, 

*  S.  C.  CoNLEY. 

J.  Railsback. 
Jno.  C.  Brixson, 

Committee. 

Jacksox,  Miss.,  March  3,  1S6S. 


Mississippi  Constitutional  Convention, 

To  the  Journal  Office,  Dr. 

To  100  papers  per  day  for  one  week,  @  7c  $  42  00 

"  300    "  «'      "     seven  weeks,  @  7c   882  00 


Total  amount  $924  CO 


I  certify  that  the  above  account  is  correct,  and  that  the 
papers  charged  have  been  received  by  me,  and  distribute  I 
among  the  members  and  officers  ot  this  Convention. 

Nelson  G.  Gill, 

Sergeant-at-Arms. 

Report  received  and  bill  allowed. 

To  the  President  and  Gentlemen  of  the  Convention  : 

Your  committee  on  Contingent  Expenses  would  respectfully 
report  that  the  bill  hereto  annexed,  .referred  to  them  for  exam- 


292 


ination,  has  been  found  correct,  and  would  recommend  that  the 
same  be  allowed,  with  this  amendment:  that  five  cents  per  copy 
be  inserted,  instead  of  seven  cents. 

Respectfully, 

U.  O'ZANNE, 

Chairman, 
W.  EL  Gibbs, 
S.  C.  Conleyj 
J,  Railsback, 
Jno.  C.  Brinson, 

Committee. 


Mississippi  Constitutional  Conven tion, 

To  the  Clarion  Office,  Dr 
To  100  papers,  first  four  days  session,  @  7  c.  per  copy.4  28  00 
u  200  papers  each  day,  for  seven  weeks,  ending  Febru- 
ary 29th,  inclusive. .......    588  00 


Total  $616  00 

Deduction  of  two  cents  per  copy.   176  00 


Amount  of  bill  reduced  $440  00 


Report  received  and  bill  allowed,  with  deduction  as  made 
above. 

Mr.  Cunningham  moved  to  suspend  the  rules  to  resume  con 
sideration  of  Legislative  Committee's  report; 
Which  was  carried. 
Section  38: 

Mr.  Cunningham  moved  to  recommit  section  38,  referring  it 
to  the  committee*  to  report  at  their  earliest  convenience; 
Which  was  laid  on  the  table. 

And  the  amendment  offered  by  Mr.  Musgrcve  yesterday,  and 
pending  on  adjournment,  was  lost. 

Mr.  Compton  moved  to  strike  out  the  words  "or  districts,'' 
in  the  fifth  line. 

A  motion  to  lay  on  the  table  was  carried  by 'the  following 
vote : 

Yeas — Mesrss.  Barry,  Bonney,  Bridges,  Brinson,  Caldwell  1 
Castello,  Chappell,  Clarke,  Conley,  Drane,  Fawn,  Gibbs. 
Handy,  Hauser*  Herbert,  Jacobs,  Johnson  A.,  Lawson,  Leas, 
Leonard,  Mayson,  Moore,  Myers,  McKee,  NeWsom,  Ozanne. 
Parsons  F.^  Parsons  J.  Railsback,  Stewart,  Stites,  Stringer, 
Toy,  Warren,  Woodmansee* — 35. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Chapman,  Comp 
ton,  Cunningham,  Dalton,  Elliott  James,  Field,  Goss,  Hutto, 
Lack,  Longmire,  MusgroVe,  McKnight,  Nesbitt,  Orr,  Peyton 
E,  G.,  Phillips,    Quinn,  Richardson,   Smith,  Stovall,  Stiles, 
Weir,  Williams,  Yeoman — 27, 

Mr.  HauSer  moved  to  strike  out  the  words  "  qualified  elec- 
tors," in  sixth  and  seventh  lines,  and  insert  the  word  "inhab- 
itants;" 

Which  Was  laid  on  the  table. 


293 


Mr.  Alderson  moved  to  strike  out  all  after  the  word  mem- 
bers," in  the  thirteenth  line,  to  the  end  of  the  section; 
Which  was  laid  on  the  table. 

The  President  announced  the  following  committee  in  refer- 
ence to  preparing  an  ordinance  to  stay  the  collection  of  debts 
in  this  State- 

FIRST  DISTRICT. 

Messrs.  Compton,  Gzanne,  and  Yaughan, 

SECOND  DISTRICT. 

3Iessrs.  Alcorn,  Railsback,  and  Walker, 

THIRD  DISTRICT, 

Messrs.  Field.  Weir,  and  Hutto. 

FOURTH  DISTRICT, 

Messrs.  Barry.  Morgan,  and  Montgomery. 

FIFTH  DISTRICT. 

Messrs.  Beam,  Stiles,  and  Goss, 

Mr.  Field  was  appointed  Chairman, 

Mr.  Chapman  moved  to  strike  out  section  33; 

Which  was  laid  on  the  table. 

Mr.  Chapman  moved  to  recommit  section  38  to  the  com- 
mittee, with  instructions  tG  revise  the  same; 
Which  was  laid  on  the  table. 
Mr.  Clarke  moved  the  previous  question; 
Which  was  not  sustained. 
And  section  38  lies  Gver. 

Mr.  Cunningham  moved  that  the  remainder  of  the  report  be 
recommitted,  and  that  the  committee  be  instructed  to  report  at 
their  earliest  convenience; 

Which  was  lost. 

Mr.  Cunningham  moved  to  go  into  Committee  of  the  Whole : 
Which  was  Igsu 

Section  39  was  adopted  as  printed 
Section  40 : 

A  motion  to  adopt  the  section  was  carried,  by  the  following 
vote: 

Yeas — Messrs.  Barry.  Bonney,  Caldwell,  Castello,  Chappell 
Clarke.  Combash,  Drane=  Elliott  James,  Fawn,  Field.  Gibbs, 
Handy,  Hauser.  Jacobs,  Johnson  A..  Lawson.  Leas,  Leonard, 
Mayson,  Musgrove.  Moore.  Myers.  McKee,  Newsom,  Ozanne, 
Parsons  F.,  Parsons  J.  P..  Peyton  E.  G..  Railsback,  Smith. 
Stewart.  Stites,  SMhger.,  Toy,  Warren.  Williams,  and  Wood- 
mansee — 38, 


294 


Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Bridges,  Brinson, 
Chapman,  Compton,  Conley,  Cunningham,  Dalton,  Goss,  Hutto, 
Lack,  Longmire,  McKnight,  Phillips,  Quinn,  Richardson. 
Stovall,  Stiles,  Vaughan,  Walker,  Weir,  Yeoman — 25. 

Mr.  Musgrove  moved  to  reconsider  the  vote  just  taken; 

Which  was  laid  on  the  table. 

Section  41: 

Mr.  Musgrove  moved  to  consider  the  section  by  articles. 
Mr.  McKee  moved  to  recommit  the  section  to  the  committee. 
A  motion  to  table  was  lost 
And  the  section  was  recommitted. 

On  motion  of  Mr.  Alderson,  Mr.  Cunningham,  of  Madison, 
was  added  to  the  committee. 

Mr.  Gibbs  moved  to  suspend  the  rules  to  enable  the  Conven- 
tion to  reconsider  the  vote  adopting  section  40; 

Which  was  lost. 

Section  42  was  adopted  as  printed. 
Section  43: 

On  motion  of  Mr.  Musgrove,  section  43  was  amended  as  fol- 
lows : 

Strike  out  all  after  the  word  "lines,"  in  the  fifth  line,  to  the 
word  "  nor,"  in  the  ninth  line,  and  insert  the  words  "  but  no 
new  county  shall  be  organized." 

Mr.  Conley  moved  to  amend  section  43  as  follows : 

Strike  out  all  after  the  word  "  less,"  in  eleventh  line,  and 
insert  the  words  "five  hundred  and  seventy  square  miles;" 

Which  was  lost. 

And  section  43  was  adopted  as  amended. 

Mr.  Clarke  moved  to  suspend  the  rules  to  enable  him  to  intro- 
duce a  resolution. 

The  rules  were  suspended,  and  Mr.  Clarke  offered  the  follow- 
ing: 

Mesolved,  That  hereafter  this  Convention  shall  have  but  two 
sessions  a  clay,  to-wit :  One  commencing  at  9  o'clock  a.  m.,  and 
the  other  to  commence  at  3  o'clock  p.  m. 

Mr.  Woodman  see  moved  to  insert  10  o'clock  instead  of  8> 
o'clock ; 

Which  was  laid  on  the  table. 

Mr.  Stiles  offered  the  following: 

Besolved,  That  there  shall  be  but  one  session  a  clay,  com- 
mencing at  9  o'clock  a.  m.  and  closing  at  2  o'clock  p.  m.,  and  no 
motion  to  adjourn  until  2  o'clock  p.  m.  shall  be  entertained  if 
there  be  any  business  before  the  Convention; 

Which  was  laid  on  the  table. 

And  the  motion  of  Mr.  Clarke  was  adopted. 

Mr.  Alderson  offered  the  following: 

Whereas,  H.  C.  Powers,  Reading  Clerk  of  this  Convention, 
has  resigned  his  position  for  the  purpose  of  accepting  that  of 
Sheriff  of  the  county  of  Oktibbeha,  tendered  him  by  the  mil- 
itary commander  of  this  State;  therefore,  be  it 

Besolved,  That  the  members  of  this  Convention  fully  appre- 
ciating his  merits  as  an  officer  and  as  a  gentleman,  tender  him 


295 


their  sincere  thanks  for  the  able  and  courteous  manner  in 
which  he  has  discharged  the  duties  of  his  office. 
Which  was  adopted. 

The  Convention  adjourned  until  3  o'clock. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

The  rules  were  suspended  to  receive  the  following  report : 

To  the  President  and  Members  of  the  Convention  : 

Your  committee  on  Franchise  beg  leave  to  report  the  follow- 
ing: 

Alston  Mygatt,  Chairman, 

E.  J,  Castello, 

J.  Hauser, 

A.  T.  Morgan, 

T.  W.  Stringer,  Committee. 

ARTICLE  V. 

Section  1.  All  elections  by  the  people,  both  general  and 
special,  shall  be  by  ballot. 

Sec  2.  Every  male  person  over  twenty-one  years  of  age,  born 
in  the  United  States  or  naturalized,  and  who  has  resided  one 
year  in  this  State,  and  thirty  days  prior  to  the  general  election 
in  the  county  whereof  he  offers  to  vote,  may  become  a  qualified 
elector. 

Provided,  1.  That  no  idiot  or  insane  person,  or  one  who  has 
been  convicted  of  any  infamous  crime  whereby  he  has  been 
sentenced  to  the  penitentiary,  or  who  has  been  engaged  in  any 
duel,  whether  principal  or  accessary,  shall  be  allowed  to  vote. 

Provided  2.  That  no  person  guilt}*  of  bribery  at  elections, 
false  voting  or  violence  to  deter  others  from  the  right  of 
suffrage,  shall  be  allowed  to  vote. 

Provided  3.  That  no  soldier,  sailor  or  marine,  in  the  mil- 
itary or  naval  service  of  the  United  States,  who  shall  hereafter 
acquire  a  residence  by  reason  of  being  so  stationed,  shall  be  al- 
lowed to  vote. 

Provided  4.  That  no  person  disqualified  by  the  proposed 
amendment  of  the  Constitution  of  the  United  States,  known  as 
the  14th  article,  nor  those  who  have  been  disfranchised  by  the 
Registrars,  under  the  Act  passed  by  Congress,  March  2,  1867, 
and  the  supplementary  Acts  thereto,  shall  be  allowed  to  vote. 

Provided  5.  That  no  person  who  signed  the  ordinance  of 
secession,  passed  the  9th  of  January,  1861,  except  those  who 
who  have  since  aided  in  reconstruction,  shall  ever  be  allowed  to 
vote. 

Sec  3.  It  shall  be  the  duty  of  the  Legislature,  to  regulate 
from  time  to  time,  the  registration  of  all  electors,  who,  before- 
registering,  shall  take  the  following  oath : 


296 


"I,  ,  do  solemnly  swear  (or  affirm),  that  I  am  over  21 

years  of  age,  that  I  have  resided  in  this  State  one  year  at  least 
preceding  this  date,  that  I  have  resided  in  this  county  thirty  days 
prior  to  this  date;  that  I  will  support  the  Constitution  of  the 
United  States  and  the  State  of  Mississippi,  and  the  laws  thereof, 
and  that  I  am  not  excluded  from  legistering  on  account  of  any 
of  the  provisions  enumerated  in  section  2,  article  5,  of  this 
Constitution." 

Sec.  4.  Allpersons,except  those  disfranchised  under  the  14th 
article  of  the  proposed  amendment  of  the  Constitution  of  the 
United  States,  and  for  crime,  may,  on  application  and  proof  of 
loyalty,  have  their  disabilties  removed  by  a  two-thirds  vote  of 
the  Legislature. 

Sec.  5.  All  officers  of  this  State,  elected  or  appointed,  whether 
executive,  legislative  or  judicial,  shall,  before  entering  on  the 
duties  of  said  office,  take  and  subscribe  to  the  oath  passed  by 
Congress  the  second  day  of  July,  1862. 

Sec.  6.  No  elector,  except  for  crime,  shall  be  liable  to  ar- 
rest in  going  to  or  returning  from  the  place  of  voting,  nor  be  de- 
tained as  witness  or  juror  in  any  court  or  by  any  military 
order,  except  in  time  of  war  or  public  danger. 

Sec.  7.  In  time  of  war,  insurrection  or  rebellion,  the  right 
to  vote  at  such  place  and  in  such  manner  as  shall  be  prescribed 
by  law,  shall  be  enjoyed  by  all  persons  otherwise  entitled  there* 
to,  who  may  be  in  the  actual  military  or  naval  service  of  the 
United  States  or  of  this  State;  Provided,  Said  votes  be  made 
to  apply  in  the  county  or  precinct  wherein  they  reside. 

Sec.  8.  No  elector  shall  be  deemed  to  have  gained  or  lost  his 
residence  by  reason  of  absence  therefrom  in  the  service  of  the 
United  States  or  of  this  State,  nor  while  engaged  in  the  nav- 
igation of  the  waters  of  this  State  or  of  the  United  States,  or 
of  the  high  seas,  nor  while  a  student  of  learning,  nor  while 
kept  at  any  asylum  at  public  expense. 

Sec.  9.  No  intoxicating  drink  shall  be  sold  on  the  clay  or 
days  of  election  in  any  city,  or  town,  or  precinct  where  said 
election  shall  be  held. 

Sec.  10.  On  the  Fourth  day  of  July,  1876,  it  shall  be  the  duty 
of  the  Governor  of  this  State,  by  and  with  the  advice  and  con- 
sent of  the  Legislature,  to  issue  a  proclamation  of  general 
amnesty  enfranchising  all  persons,  except  for  crime  or  those 
who  have  been  disqualified  by  the  fourteenth  article  of  the 
proposed  amendment  of  the  Constitution  of  the  United  States, 
and  not  pardoned  by  Congress,  and  permitting  all  registered 
voters  to  hold  any  office  of  honor,  profit,  or  trust,  in  this  State. 

Sec.  11.  Returns  of  election  for  all  civil  officers  elected  by 
the  people,  who  are  to  be  commissioned  by  the  Governor,  and 
also  for  the  members  of  the  General  Assembly,  shall  be  made 
to  the  Secretary  of  State. 

Report  received,  and  two  hundred  copies  ordered  to  be 
printed. 

The  President  announced  the  following  names  to  fill  vacan- 
cies on  committee  on  Printing: 


297 


Mr.  Casteilo,  of  Adams;  Mr.  Vaughan,  of  Lafayette,  and  Mr. 
Hauser,  of  Kemper. 

Mr.  Compton  ottered  the  following: 

Resolved^  That  the  Sergeant  at-Arms  be  directed  to  furnish 
to  the  Official  Reporter  of  this  Convention  copies  of  ail 
printed  reports  and  ordinances  which  shall  have  been  or  may 
be  submitted  to  the  Convention. 

Which  was  adopted. 

The  Convention  proceeded  to  the  consideration  of  the  report 
of  the  committee  on  Executive  Department. 

Mr.  Casteilo  moved  to  strike  out.  after  the  word  "  from,'"  in 
the  fourth  line,  and  insert  the  words  "  January  1,  A.  D.  1869." 

Mr.  Parsons,  of  Adams,  moved  to  strike  out  the  word 
"  four,"  in  the  fourth  line,  and  insert  the  word  "  two." 

Mr.  Ozanne  moved  to  table; 

Which  was  lost. 

And  the  amendment  of  Mr.  Parsons  was  lost,  by  the  fol- 
lowing vote : 

Yeas — Messrs.  Bonney,  Chapman,  Compton,  Conley,  Dalton, 
Elliott  James,  Field.  Goss,  Handy,  Hutto.  Jacobs,  Lack,  Long- 
mire.  Muso-rove,  McKnight,  Parsons  F.,  Pevton  E.  G.,  Phillips. 
Richardson.  Stovall.  Stiles.  Walker— 22. 

Nays — Messrs.  Alderson,  Alcorn,  Bridges,  Brinson,  Cald- 
well, Clarke,  Combash,  Drane,  Fawn,  Hauser,  Johnson  A., 
Lawson,  Leas,  Leonard,  Mayson,  Moore,  Myers,  Mygatt.  Mc- 
Kee,  jMewsom,  Ozanne.  Smith,  Stewart.  Stites,  Stringer,  Toy, 
Warren.  Weir,  Williams,  Woodmansee,  Yeoman — 31, 

Mr.  Xewsom  moved  to  strike  out  all  after  the  word  "  the," 
in  the  fourth  line,  and  insert  the  words  "  first  installation  after 
the  adoption  of  this  Constitution,  and  biennally  thereafter, 
and  until  his  successor  is  installed  into  office;" 

Which  was  laid  on  the  table. 

And  the  amendment  of  Mr.  Casteilo  was  adopted. 
And  section  1  was  adopted  as  amended,  and  reads  as  follows : 
Section  1.  The  chief  executive  power  of  this  State  shall 
be  vested  in  a  Governor,  who  shall  hold  his  office  for  four 
years,  from  January  1.  A.  D.  1869. 

Section  2  was  adopted  as  printed,  and  reads  as  follows: 
Section*  2.  The  Governor  shall  be  elected  by  the  qualified 
electors  of  the  State.  The  returns  of  every  election  for  Gov- 
ernor shall  be  sealed  up  and  transmitted  to  the  seat  of  govern- 
ment, directed  to  the  Secretary  of  State,  who  shall  deliver 
them  to  the  Speaker  of  the  House  of  Representatives  at  the 
next  ensuing  session  of  the  Legislature,  during  the  first  week 
of  which  session,  the  said  Speaker  shall  open  and  publish 
them  in  the  presence  of  both  houses  of  the  Legislature.  The 
person  having  the  highest  number  of  votes  shall  be  Governor  ; 
but  if  two  or  more  shall  be  equal  and  highest  in  votes,  then 
one  of  them  shall  be  chosen  Governor  by  the  joint  ballot  of 
both  houses  of  the  Legislature.  Contested  elections  for  Gov- 
ernor shall  be  determined  by  both  houses  of  the  Legislature 
in  such  manner  as  shall  be  prescribed  by  law. 
Section  3 : 


298 


Mr.  Compton  moved  to  strike  out  the  word  "  two,"  in  fifth 
line,  and  insert  the  word  "  five;" 
Which  was  laid  on  the  table. 

Mr.  Parsons,  of  Adams,  moved  to  strike  out  all  after  the 
word  "election,"  in  seventh  line. 

Mr.  Stiles  moved  to  strike  out  all  after  the  word  "  age,"  in 
second  line,  and  irsert  the  words,  "a  native  born  citizen  of 
the  United  States,  and  a  resident  of  the  State  for  three  years 
next  preceding  his  election; 

Which  was  laid  on  the  table. 

A  motion  to  table  the  amendment  of  Mr.  Parsons,  of  Adams, 
was  lost. 

Mr.  Alcorn  moved  to  amend  by  striking  out  all  after  the 
word  "election,"  in  seventh  line,  and  inserting  the  words  "and 
a  term  of  four  y ears  shall  intervene  before  he  shall  be  eligible 
to  a  second  term; 

Which  was  laid  on  the  table; 

Mr.  Woodmansee  moved  the  previous  question,  and  the 
amendment  of  Mr.  Parsons,  of  Adams,  was  adopted. 

And  section  three  was  adopted  as  amended,  and  reads  as  fol- 
lows: 

Section  3.  The  Governor  shall  be  at  least  thirty  years  of 
age,  and  shall  have  been  a  citizen  of  the  United  States  twenty 
years,  shall  have  resided  in  this  State  two  years,  next  preced- 
ing the  day  of  his  election. 
Convention  adjourned  until  to-morrow  morn  in 2:,  at  9  o'clock. 

T.TP.  Sears, 
Secretary. 


FIFTY-FIRST  DAY. 

Jackson,  Miss.,  Thursday,  March  5th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Ballard,  Barry,  Bonne}', 
Bridges,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Com- 
bash,  Compton,  Conley,  Dalton,  Drane,  Elliott  James,  Fawn, 
Field,  Gibbs,  Goss,  Handy,  Hauser,  Hemmingway,  Hutto, 
Jacobs,  Johnson  S.,  Johnson  A.,  Lack,  Lawson,  Leas,  Leonard, 
Longmire,  May  son,  Musgrove,  Moore,  Myers,  Mygatt,  McKee, 
McKnight,  Nesbitt,  Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  R., 
Peyton  E.  G.,  Quinn,  Railsback,  Richardson,  Smith,  Stewart,  4 
Stites,  Stovall,  Stringer,  Stiles,  Toy,  Vaughan,  Walker,  Warren, 
Weir,  Williams,  Woodmansee,  and  Yeoman — 64. 

♦The  following  delegates  were  absent : 


299 


Messrs.  Collins,  Cunningham,  Elliott  John,  Gaither,  Gray, 
Herbert,  Holland,  Howe,  Jones,  Kerr,  Mask,  Montgomery, 
Miles,  Merry  man,  Morgan,  McCutchen,  Neilson,  Nelms,  Orr, 
Peyton  E.  A.,  Phillips,  Powell,  Eainev,  Stricklin,  Townsend, 
and  Watson— 27. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  named  dele- 
gates for  the  period  affixed  to  their  names : 

Mr.  McCutchen,  five  days;  Mr.  Townsend,  one  day;  Mr. 
Howe,  five  days;  Mr.  Jamison,  5  days;  Mr.  Warren,  one  day; 
Mr.  Dowd,  five  clays;  Mr.  Merryman,  two  days;  Mr.  Stiles, 
four  days;  Mr.  Parsons,  of  Hinds,  one  day;  Mr.  Myers,  until 
Tuesday. 

The  rules  were  suspended  to  permit  Mr.  Castello  to  intro- 
duce the  following  preamble  and  resolution: 

Whereas,  The  Legislature  of  the  State  of  California  has, 
through  the  Governor  of  the  State,  transmitted  to  the  Presi- 
dent of  the  United  States,  resolutions  endorsing  his  treason- 
able and  traitorous  ac"s,  and  pledging  their  faith  and  fealty  to 
support  him  in  his  attempts  to  overthrow  Congress  and  crush 
out  loyalt}',  and  place  the  power  of  the  Government  in  the 
hands  of  traitors  and  rebels;  therefore,  be  it 

fiesolved.  That  we,  the  loyal  people  of  the  State  of  Missis- 
sippi, in  Convention  assembled,  will  now,  and  as  we  have  in 
times  past,  bear  true  faith  and  feahyy  to  the  Constitution  and 
to  Congress,  and  that  by  all  just  and  legal  means  we  will  sus- 
tain the  Congress  of  the  United  States  in  the  discharge  of  their 
duties. 

Mr.  Stovall  moved  to  lay  the  preamble  and  resolution  on  the 
table; 

Which  was  carried,  by  the  following  vote: 

Yeas — Messrs.  Ballard,  Bridges,  Combash,  Compton,  Conley, 
Dalton,  Elliott  James,  Fawn,  Field,  Gibbs,  Goss,  Hemmingway, 
Hutto,  Johnson  S.,  Lack,  Longmire,  Musgrove,  M}-ers,  McKee, 
Ozanne,  Parsons  F.,  Peyton  E.  G.,  Quinn,  Railsback,  Richard- 
son, Smith,  Stovall,  Stiles.  Vaughan,  and  Walker — 30. 

Nays — Messrs.  Alderson,  Alcorn,  Bonne}r,  Brinson,  Caldwell, 
Castello,  Chapman,  Chappell,  Clarke,  Drane,  Handy,  Hauser, 
Jacobs,  Johnson  A.,  Lawson,  Leas,  Moore,  Mygatt,  McKnight, 
Nesbitt,  Newsom,  Stewart,  Stites,  Stringer,  Toy,  Weir,  Wood- 
mansee,  and  Yeoman — 28. 

Mr.  Field  moved  a  suspension  of  the  rules  to  enable  him  to 
introduce  a  resolution; 

Which  was  lost. 

Mr.  Clarke  moved  a  suspension  of  the  rules  to  reconsider  the 
vote  adopting  section  40  of  the  report  of  the  Legislative  De- 
partment; 

Which  was  carried. 

And  the  vote  adopting  the  section  was  reconsidered; 
And  section  40  was  recommitted  to  the  committee. 
Mr.  Conley  moved  to  suspend  the  rules,  to  take  up  the  report 
of  the  committee  on  the  Executive  Department. 


300 


The  rules  were  suspended,  and  the  Convention  proceeded  to 
the  consideration  of  the  report  of  the  committee  on  Executive 
Department. 

Section  4: 

Mr.  Castello  moved  to  amend  the  section  by  inserting  the 
words  "  such  compensation  as  shall  be  provided  by  law,"  and 
strike  out  all  after  the  word  "  services,"  in  the  second  line. 
Mr.  Field  moved  to  amend  the  section  as  follows: 
Insert  the  word  "three,"  instead  of  the  words  "five  thou- 
sand;" 

Which  was  laid  on  the  table. 

Mr.  Compton  moved  to  table  the  amendment  of  Mr.  Castello; 
Which  was  lost. 

And  the  amendment  of  Mr.  Castello  was  adopted. 
And  section  4  was  adopted  as  amended,  and  reads  as  follows: 
Section  4.  He  shall  receive  for  his  services  such  compensa- 
tion as  shall  be  provided  by  law. 

Section  5  was  adopted  as  printed,  aad  reads  as  follows: 
Sec.  5.  He  shall  be  Commander-in-Chief  of  the  army  and 
navy  of  the  State,  and  of  the  militia,  except  when  they  shall 
be  called  into  the  service  of  the  United  States. 

Section  6  was  adopted  as  printed,  and  reads  as  follows : 
Sec.  6.  He  may  require  information,  in  writing,  from  the  offi- 
cers in  the  Executive  Department  on  any  subject  relating  to 
the  duties  of  their  respective  offices. 

Section  7  was  adopted  as  printed,  and  reads  as  follows : 
Sec.  7.  He  may,  in  cases  of  emergency,  convene  the  Legisla- 
ture at  the  seat  of  government,  or  at  a  different  place,  if  that 
shall  have  become,  since  their  last  adjournment,  dangerous  from 
an  enemy,  or  from  disease;  and  in  case  of  disagreement  between 
the  two  houses  with  respect  to  the  time  of  adjournment,  adjourn 
them  to  such  time  as  he  shall  think  proper,  not  beyond  the 
day  ol  the  next  stated  meeting  of  the  Legislature. 

Section  8  was  adopted  as  printed,  and  reads  as  follows: 
Sec.  8.  He  shall,  from  time  to  time,  give  the  Legislature 
information  of  the  state  of  the  government,  and  recommend  to 
their  consideration  such  measures  as  he  may  deem  necessary  and 
expedient. 

Section  9  was  adopted  as  printed,  and  reads  as  follows: 
Sec.  9.  It  shall  be  his  duty  to  see  that  the  laws  are  faithfully 
executed. 

Section  10  was  adopted  as  printed,  and  reads  as  follows: 
Sec  10.  In  all  criminal  and  penal  cases,  except  in  those  of 
treason  and  impeachment,  he  shall  have  power  to  grant 
reprieves  and  pardons,  and  remit  fines,  and  in  cases  of  forfeit- 
ure to  stay  the  collection  until  the  end  of  the  next  session  of 
the  Legislature,  and  to  remit  forfeitures  by  and  with  the  con- 
sent of  the  Senate.  In  cases  of  treason  he  shall  have  power  to 
grant  reprieves  by  and  with  the  consent  of  the  Senate,  but  may 
respite  the  sentence  until  the  end  of  the  next  session  of  the 
Legislature. 

Section  11  was  adopted  as  printed,  and  reads  as  follows : 


301 


Sec.  11.  All  commissions  shall  be  in  the  name  and  by  the 
authority  of  the  State  of  Mississippi,  be  sealed  with  the  great 
seal,  and  signed  by  the  Governor,  and  be  attested  by  the  Secre- 
tary of  State. 

Section  12  was  adopted  as  printed,  and  reads  as  follows : 
Sec.  12.  All  vacancies  not  provided  for  in  this  Constitution 
shall  be  filled  in  such  manner  as  the  Legislature  may  prescribe. 
Section  13  was  adopted  as  printed,  and  reads  as  follows: 
Sec.  13.  There  shall  be  a  Lieutenant  Governor,  who  shall  be 
elected  at  the  same  time,  in  the  same  manner,  and  for  the  same 
term,  and  shall  possess  the  same  qualifications  as  the  Governor, 
Section  14  was  adopted  as  printed,  and  reads  as  follows: 
Sec.  14.  He  shall,  by  virtue  of  his  office,  be  President  of  the 
Senate.    In  Committee  of  the  Whole  he  may  debate  on  all 
questions,  and  when  there  is  an  equal  division  in  the  Senate,  or 
on  a  joint  vote  of  both  houses,  he  shall  give  the  casting  vote. 
Section  15 : 

Mr.  Castello  moved  to  amend  as  follows : 
Strike  out  all  after  the  word  "  Senate,"  and  insert  the  words 
*¥such  compensation  as  shall  be  provided  by  law;" 
Which  was  carried. 

And  the  section  as  amended  was  adopted,  and  reads  as  fol- 
lows : 

Sec.  15,  He  shall  receive  for  his  services  while  presiding  over 
the  Senate,  such  compensation  as  shall  be  provided  by  law. 
Section  16  was  adopted  as  printed,  and  reads  as  follows : 
Sec.  16.    When  the  office  of  Governor  shall  become  vacant 
by  death  or  otherwise,  the  Lieutenant  Governor  shall  possess 
the  powers  and  discharge  the  duties  of  said  office,  and  receive 
the  same  compensation  as  the  Governor,  during  the  remainder 
of  the  said  term.    When  the  Governor  shall  be  absent  from 
the  State,  or  unable  from  protracted  illness,  to  discharge  the 
duties  of  his  office,  the  Lieutenant  Governor  shall  perform  the 
duties  of  said  office,  and  receive  said  compensation  until  the 
Governor  be  able  to  resume  his  duties,  but  if  from  disability 
or  otherwise,  the  Lieutenant  Governor  shall  be  incapable  of 
performing  said  duties,  or  it  he  be  absent  from  the  State,  the 
President  of  the  Senate  pro  tempore  shall  act  in  his  stead,  but 
if  there  be  no  such  resident,  or  if  he  be  Pdisqualified  by  like 
disability,  or  be  absent  from  the  State,  then  the  Speaker  of  the 
House  of  Representatives  shall  assume  the  office  of  Governor 
and  perform  said  duties,  and  receive  the  same  compensation  as 
the  Governor;  and  in  case  of  the  inability  of  the  foregoing 
officers  to  discharge  the  duties  of  Governor,  the  Secretary  of 
State  shall  convene  the  Senate  to  elect  a  President  pro  tempore. 
Section  17  was  adopted  as  printed,  and  read  as  follows : 
Sec.  17.    In  case  the  election  for  Lieutenant  Governor  shall 
be  contested,  it  shall  be  decided  in  the  same  manner  as  that  of 
the  Governor. 
Section  18 : 

Mr.  Parsons,  of  Adams,  moved  to  amend  b}f  striking  out 
the  word  "  four,"  in  eighth  line,  and  inserting  the  word  "  two;" 
Which  was  laid  on  the  table. 


302 


And  section  18  was  adopted  as  printed,  and  read  as  follows: 
Sec.  18.  The  Secretary  of  the  State  shall  be  elected  by  the 
qualified  electors  of  State;  shall  be  twenty-five  years  of 
age,  and  a  citizen  of  the  State  one  year  at  the  time  of  his  elec- 
tion, and  shall  continue  in  office  during  the  term  of  four  years; 
he  shall  keep  a  fair  register  of  all  the  official  acts  and  proceed- 
ings of  the  Governor,  and  shall,  when  required,  lay  the  same 
and  all  papers,  minutes  and  vouchers  relative  thereto  before 
the  Legislature,  and  shall  perform  such  other  duties  as  may 
be  required  of  him  by  law. 

Section  19  was  adopted,  and  reads  as  follows: 
Sec.  19.    There  shall  be  a  seal  of  this  State  kept  and  used 
by  him  officially,  and  be  called  the  Great  Seal  of  the  State  of 
Mississippi. 

The  rules  were  suspended  to  permit  the  Special  Committee, 
appointed  to  investigate  the  charges  against  Mr.  Merryman,  of 
Lauderdale,  to  submit  a  report,  which  is  as  follows : 

To  the  President  and  Members  of  the  Constitutional  Con- 
vention : 

Your  Committee  beg  leave  to  report  that  in  accordance  with 
the  resolution  of  this  Convention,  recommitting  to  them  the 
former  report  made  by  them,  in  the  case  of  Mr.  Merryman,  they 
have  had  the  facts  again  under  consideration,  and  in  accordance 
with  the  will  of  the  Convention,  they  recommend  that  the 
member  from  Lauderdale  county,  Mr.  Merryman,  for  repeated 
acts  of  drunkenness  and  disorderly  conduct,  and  for  publishing 
an  article  impugning  the  motives  of  members  for  their  action 
in  his  former  trial,  be  expelled  from  this  Convention,  and  his 
seat  be  declared  vacant. 

George  C.  McKee, 
H.  W.  Barky, 
J.  A.  Moore, 

Committee. 

Mr.  Alderson  moved  that  the  report  be  received,  the  com- 
mittee discharged,  and  the  report  made  the  special  order  of 
the  day  for  9  o'clock  to-morrow. 

Mr.  Conley  offered  the  following  as  an  amendment  to  the 
motion  of  Mr.  Alderson: 

And  that  the  President  appoint  two  members  to  prepare 
specifications  and  charges  against  Mr.  R.  C.  Merryman,  and 
that  he  be  furnished  with  a  copy  of  the  same,  and  be  notified 
of  time  of  trial,  and  be  allowed  to  defend  himself  in  person  or 
by  counsel  or  both; 

Which  was  carried. 

And  the  motion  of  Mr.  Alderson  was  carried  as  amended. 
Mr.  Compton  moved  that  the  Sergeant-at-Arms  notify  Mr. 
Merryman  of  the  action  had  in  reference  to  him  to-day ; 
Which  was  carried. 

Convention  resumed  the  consideration  of  the  report  of  the 
committee  on  Executive  Department. 
Section  20  was  stricken  out. 
Section  7 : 


303 


Mr.  Barry  moved  to  reconsider  section  7; 
Which  was  carried. 

Mr.  Barry  offered  the  following  amendment: 

Insert  after  the  word  "  at.'*  in  third  line,  the  words,  "a 
different  place  than  that:"  and  strike  out  in  fourth  line  the 
word  "  or  at  a  different  place:" 

The  previous  question  was  called  and  call  sustained,  and  th< 
amendment  was  adopted. 

And  section  7  was  adopted  as  amended,  and  reads  as  fol 
lows : 

Section  7.  He  may,  incases  of  emergency,  convene  the  Legis- 
lature at  a  different  place  than  the  seat  of  government,  if  that 
shall  have  become,  since  their  last  adjournment,  dangerous 
from  an  enemy,  or  from  disease;  and  in  case  of  disagreement 
between  the  two  houses  with  respect  to  the  time  of  adjourn- 
ment, adjourn  them  to  such  time  as  he  shall  think  proper,  not 
beyond  the  day  of  the  next  stated  meeting  of  the  Legislatur  •. 

Section  21  was  stricken  out. 

Section  22 : 

Mr.  Castello  moved  to  strike  out  the  word  "  Ranger,"  in 
third  line; 

Which  was  carried. 

And  section  22  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Section  22.  A  Sheriff,  and  one  Coroner,  a  Treasurer,  and 
Surveyor,  shall  be  elected  in  each  county  by  the  qualified  elec- 
tors thereof,  who  shall  hold  their  offices  for  two  years,  unless 
sooner  removed. 

Section  23 : 

Mr.   Parsons,  of  Adams,  moved  to  strike  out  the  word 
"  four."  in  fifth  line,  and  insert  the  word  "  two;  " 
Which  was  laid  on  the  table. 

And  section  23  was  adopted  as  printed,  and  reads  as  follows: 
Section  23.  A  State  Treasurer,  and  Auditor  of  Public  Ac- 
counts, shall  be  elected  by  the  qualified  electors  of  the  Stare, 
who  shall  hold  their  offices  for  the  term  of  four  }'ears.  unless 
sooner  removed,  and  shall  possess  the  same  qualifications  as 
the  Secretary  of  State: 

Section  24  was  adopted  as  printed,  and  reads  as  follows: 

Section  24.  All  officers  named  in  this  article  shall  hold  their 
offices  during  the  term  for  which  they  were  elected,  and  unt/il 
their  successors  shall  be  duly  qualified  to  enter  on  the  dis- 
charge of  their  separate  duties. 

Section  25: 

Mr.  Alderson  moved  to  amend  as  follows  ■ 

The  Secretary  of  State,  the  Treasurer,  and  the  Auditor  of 
Public  Accounts,  shall  receive  for  their  services  such  compen- 
sation as  shall  be  provided  by  law; 

Which  was  adopted. 

And  section  25  was  adopted  as  amended,  and  reads  as  fol- 
lows : 


304 


Sec.  25.  The  Secretary  of  State,  the  Treasurer,  and  Auditor 
of  Public  Accounts,  shall  receive  such  compensation  as  shall 
he  provided  by  law. 

Mr.  Parsons,  of  Adams,  moved  to  make  the  report  of  the 
committee  on  the  Judiciary  the  special  order  of  the  d&y  for 
Moiida}^  next. 

A  motion  to  layon  the  table  was  lost. 

And  the  motion  of  Mr.  Parsons,  of  Adams,  was  adopted. 

Mr.  Stovall  offerred  the  following: 

Whereas,  This  Convention  has  declared  by  almost  a  unani- 
mous vote,  that  it  will  not  entertain  any  petition  looking  to 
the  changing  of  county  boundaries,  or  forming  new  counties; 
therefore,  be  it 

Besolved,  That  the  Standing  Committee  on  County  Bounda- 
ries be,  and  the  same  is  hereby  discharged. 
Which  was  adopted. 

Mr.  E.  G.  Peyton  moved  that  there  be  one  hundred,  copies  of 
the  report  of  the  majority  of  the  committee  on  Judiciary 
printed  for  the  use  of  the  Convention; 

Which  was  carried. 

The  Convention  proceeded  to  the  consideration  of  the  re- 
port of  the  committee  on  Public  Education,  which  came  up  on 
its  second  reading. 

Section  1  was  adopted  as  printed,  and  reads  as  follows : 

Section  1.  The  stability  of  republican  form  of  government, 
depending  mainly  upon  the  intelligence  and  virtue  of  the  peo- 
ple, it  shall  be  the  duty  of  the  General  Asssembly  to  encour- 
age by  all  suitable  means  the  promotion  of  intellectual,  scien- 
tific, moral  and  agricultural  improvements,  by  establishing  a 
uniform  system  of  free  public  schools,  by  taxation  or  other 
wise,  for  all  children  between  the  ages  of  five  and  twenty- 
one  3rears,  and  shall,  as  soon  as  practicable,  establish  schools 
of  higher  grade. 

Section  2: 

Mr.  Chapman  moved  to  strike  out  all  after  the  word  "at,"  in 
the  second  line,  to  the  word  "for"  in  the  6th  line,  and  insert 
the  words  "who  shall  have  the  qualifications  of  the  Secretary 
of  State.  The  first  term  of  his  office  shall  be  for  two  years. 
The  second  term,  and  all  suceeding  terms  shall  be;" 

Which  was  laid  on  the  table. 

Mr.  Castello  moved  to  amend  as  follows : 

Add  "  s"  to  "school,"  and  strike  out  the  word  "fund"  in 
eleventh  line. 

Which  was  adopted. 

Mr.  McKee  moved  to  strike  out  the  words  "General  Assem- 
bly" where  they  occur,  and  insert  the  word  "Legislature;" 
Which  was  adopted. 

Section  2  was  adopted  as  amended,  and  reads  as  follows : 
Sec.  2.  There  shall  be  a  Superintendent  of  Public  Educa- 
tion elected  by  the  people,  at  the  same  time  and  manner  as  the 
Governor,  who  shall  have  the  qualification  of  the  Secretary  of 
State,  and  hold  his  office  for  four  years  and  until  his  sue- 


305 


cesser  shall  be  elected  and  qualified;  whose  duties  shall  be  t  he 
general  supervision  of  the  common  schools,  and  the  educa- 
tional interest  of  the  State,  and  shall  perform  such  other  duties 
pertaining  to  his  office,  and  receive  such  compensation  as  shall 
be  prescribed  by  law;  he  shall  report  to  the  Legislature  forlts 
adoption  within  twenty  da}rs  after  its  first  session  under  this 
Constitution,  a  uniform  system  of  free  public  schools. 
Mr.  McKee  moved  to  amend,  section  3  as  follows : 
Insert  after  the  word  "  funds,"  in  the  seventh  line,  the  words 
k  under  the  general  direction  of  the  Legislature;" 
Which  was  carried. 

And  section  3  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

,  Section  3.  There  shall  be  a  Board  of  Education,  consisting 
of  the  Secretary  of  State,  the  Attorne}7  General,  and  the  Su- 
perintendent of  Public  Education,  for  the  management  and 
investment  of  the  school  funds,  under  the  general  direction  of 
the  Legislature,  and  perform  such  other  duties  as  prescribed  by 
law.  The  Superintendent  and  one  other  of  said  Board,  shall 
he  a  quorum. 
Section  4: 

Mr.  Conley  moved  to  amend  as  follows: 

Strike  out  in  the  third  line  of  the  section,  the  word  "  ap^ 
pointed,"  and  insert  the  word  "  elected;"  and  strike  out  all  in 
the  fourth  line,  and  insert  the  words  "  the  qualified  electors  of 
said  county;" 

Which  was  laid  on  the  table. 

Mr.  Castello  offered  the  following  amendment : 

Strike  out  from  the  word  "education,"  in  the  second  line  of 
the  section,  to  the  word  "whom,"  in  the  fifth  line,  and  insert  the 
words  "who  shall  be  appointed  by  the  Board  of  Education  by 
and  with  the  advice  and  consent  of  the  Senate." 

And  accepted  the  following  additional  amendment,  by  Mr. 
Leas:  Provided,  That  the  Legislature  shall  have  the  power 
to  make  said  office  of  County  School  Superintendent  of  the 
several  counties  elective,  as  other  county  officers  are,  after  the 
year  1872." 

Mr.  Parsons,  of  Adams,  moved  to  amend  the  section  as  fol- 
lows : 

Strike  out  the  third,  fourth,  and  fifth  lines,  to  the  word 
"  when,"  and  insert  the  words  "  elected  in  each  county,  at  the 
same  time  and  in  the  same  manner  as  other  county  officers  are 
elected." 

Mr.  Castello  moved  to  lay  on  the  table; 

Which  was  carried,  by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Barry,  Bonney,  Bridges,  Brinson, 
Caldwell,  Castello,  Chappell,  Clarke,  Combash,  Fawn,  Gibbs, 
Hauser,  Jacobs,  Leas,  Leonard,  Mayson,  Moore,  Mj^ers,  Mc- 
Kee, Ozanne,  Peyton  E.  G.,  Quinn,  Railsback,  Stewart,  Stiles, 
Stringer,  Toy,  Vaughan,  Woodmansee,  and  Yeoman — 31. 

Nays— Messrs.  Alderson,  Ballard,  Chapman,  Compton, 
Drane,  Elliott  James,  Goss,  Handy,    Hemmingway,  Hutto, 


306 


Johnson  S.,  Johnson  A.,  Lack,  Lawson,  Longmire,  Musgrove, 
Mygatt,  McKnight,  Newsom,  Parsons  J.  E.,  Richardson,  Smith, 
Stovall,  Stites,  Walker— 27. 

The  Convention  adjourned  until  3  o'clock. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
No  quorum  present. 

The  President  announced  as  a  special  committee  to  prefer 
charges  and  specifications  against  R.  C.  Menyman,  a  delegate 
from  Lauderdale  county,  and  prosecute  the  same:  Messrs. 
Alderson  and  Railsback. 
The  Convention  adjourned  until  to-morrow  at  9  o'clock,  a.  m. 

T.  P.  Sears, 

Secretary, 


FIFTY-SECOND  DAY. 

Jackson,  Miss.,  Friday  March  6th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam, 
Bonney,  Barry,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Compton,  Conley,  Dalton,  Drane, 
Elliott  James,  Fawn,  Field,  Goss,  Hand}*,  Hauser,  Hemming- 
way,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A.,  Lawson,  Leas, 
Leonard,  Longmire,  Mayson,  Musgrove,  Merryman,  Moore, 
M}'gatt,  McKee,  McKnight,  Nesbitt,  Newsom,  Ozanne,  Parsons 
F.,  Parsons  J.  R.,  Peyton  E.  G.,  Quinn,  Railsback,  Richard- 
son, Smith,  Stewart,  Stovall,  Stringer,  Stiles,  Toy,  Vaughan, 
Warren,  Weir,  Williams,  Woodmansee,  Yeoman — 62. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Cunningham,  Dowd,  Elliott  John,  Fitzhugh, 
Gaither,  Gibbs,  Gray,  Herbert,  Holland,  Howe,  Jamison, 
Jones,  Kerr,  Lack,  Mask,  Montgomery,  Miles,  Morgan,  Mc- 
Cutchen,  Neilson,  Nelms,  Orr,  Peyton  E.  A.,  Phillips,  Powell, 
Rainey,  Stites,  Stricklin,  Town  send,  Walker,  Watson — 32. 

Leaves  of  absence  were  granted  to  the  following  named  dele- 
gates, for  the  peiiod  affixed  to  their  names: 

To  Mr.  Longmire,  for  four  days;  to  Mr.  Morgan,  for  two 
days;  to  Mr.  Lack,  for  five  da}~s;  to  Mr.  Gibbs,  for  two  days; 
and  to  Mr.  Townsend,  for  one  day. 

The  President  announced  the  special  order  of  the  day,  to- 
wit:  the  consideration  of  the  charges  against  Mr.  R.  C.  Merry- 
man,  of  Lauderdale, 


307 


Mr.  Hemmingway  moved  to  postpone  until  to-morrow  at  3 
o'clock  p.  Mi 

Mr.  Hauser  moved  the  previous  question,  which  was  sus- 
tained. 

And  the  motion  of  Mr.  Hemmingway  was  lost,  by  the  fol- 
lowing vote : 

Yeas — Messrs.  Alderson.  Alcorn.  Beam.  Compton,  Conley, 
Dalton,  Elliott  James.  Field.  Goss.  Hemmingway.  Hutto.  John- 
son S.,  Longmire,  McKnight,  Railsback,  Richardson,  Smith. 
Stovall,,  Stiles,  Vaughan.  Woodmansee — 21 

Nays — Messrs.  Barry.  Bridges.  Brinson,  Caldwell.  Castello, 
Chapman.  Chappell,  Clarke.  Combash,  Drane,  Fawn.  Handy, 
Hauser,  Jacobs.  Johnson  A,.  Lawson.  Leas,  Leonard.  Mayson, 
Musgrove.  Moore,  Mygatt.  Newsom,  Ozanne.  Parsons  F., 
Parsons  J.  E..  Peyton  E.  G..  Quinn,  Stewart,  Stringer,  Toy, 
Warren.  Weir.  Williams.  Yeoman — 36. 

Mr.  Compton  moved  that  Mr.  Merryman  be  permitted  to 
employ  such  counsel  as  he  may  desire; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Barry.  Beam.  Bonney,  Bridges, 
Brinson.  Castello.  Chapman.  Chappell.  Clarke.  Combash,  Comp- 
ton. Conley.  Dalton.  Drane,  Elliott  James,  Fawn.  Field.  Goss. 
Handy.  Hauser.  Hemmingway,  Hutto.  Jacobs,  Johnson  S., 
Johnson  A.,  Lawson.  Leas,  Leonard.  Longmire,  Musgrove. 
Moore.  Mygatt.  McKnight,  Newsom,  Ozanne.  Parsons  F..  Par- 
sons J.  P..  Peyton.  Quinn.  Railsback,  Richardson,  Stewart. 
Stovall,  Stringer,  Stiles.  Toy.  Vaughan — 52. 

Nays — Messrs.  Alcorn.  Caldwell.  3Iayson,  Smith.  Weir — 5. 

Mr.  Stovall  moved  to  suspend  the  rules  to  permit  the  intro- 
duction of  a  resolution; 

Which  was  lost. 

Mr.  Compton  moved  to  reconsider; 
Which  was  carried. 

And  the  motion  of  Mr.  Stovall  was  carried,  by  the  following 
vote  : 

Yeas — Messrs.  Alderson.  Alcorn.  Ballard,  Barry,  Beam. 
Bridges,  Brinson,  Castello,  Combash.  Compton,  Conley,  Dalton, 
Elliott  James,  Fawn,  Field,  Goss.  Handy.  Hutto.  Jacobs.  John- 
son S..  Jonnson  A.,  Lawson,  Leas.  Leonard.  Longmire.  Mygatt, 
McKnight,  Newsom.  Ozanne.  Parsons  F.,  Parsons  J.  R..  Pey- 
ton E.  G.,  Quinn,  Railsback.  Richardson.  Stovall.  Stile-.  Toy. 
Vaughan,  Walker.  Warren,  Williams.  Woodmansee,  and  Y^eo- 
man — 44. 

Nays — Messrs.  Bonne}  ,  Caldwell,  Chapman.  Chappell.  Clarke, 
Drane,  Hauser.  Mayson,  Musgrove,  Moore.  Smith.  Stewart. 
Stringer,  and  Weir — 14. 

Mr.  Stovall  introduced  the  following: 

Mesolved.  That  the  attorneys  appointed  by  this  Convention 
to  prosecute  Mr.  Merryman.  and  the  attorney  of  said  Merry- 
man,  do  not  speak  to  exceed  one  hour  each. 

Mr.  Weir  moved  to  strikeout  the  words  "one  hour'"  and 
insert  the  words  ••thirty  minutes," 

A  motion  to  table  was  lost. 


308 


Mr.  Ozanne  offered  to  amend  by  adding  the  following: 
"  At  the, expiration  of  the  thhl/y  minu.es  the  speakers  be 
allowed  ten  minutes  each  to  conclude  their  arguments;" 
Which  was  laid  on  the  table  ; 

And  the  amendment  of  Mr.  Weir  was  ad<  pted,  by  the  follow- 
ing vote : 

Yeas — Messrs.  Barry,  Bonney,  Bridges,  Brinson,  Caldwell, 
Castello,  Chappell,  Clarke,  Combash,  Drane,  Handy,  Hauser, 
Leonard,  Mayson,  Musgrove,  Moore,  Mygatt,  Newsom,  Ozanne, 
Peyton  E.  G.,  Quinn,  Smith,  Stewart,  Stringer,  Toy,  Warren, 
Weir,  Williams,  and  Woodmansee — 29. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Comptom 
Conley,  Dalton,  Elliott  James,  Fawn,  Field,  Goss,  Hemming 
way,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A.,  Lawson,  Leas, 
LoDgmire,  McKnight,  Parsons  J.  K.,  Railsback,  Richardson, 
Sto\all,  Stiles,  Vaughan,  Walker,  and  Yeoman — 28. 

And  the  resolution  of  Mr.  Stovall  was  adopted  as  amended. 

The  Convention  then  took  a  recess  of  fifteen  minutes. 

Convention  resumed  its  session. 

Mr.  Eailsback  moved  to  postpone  until  3  o'clock,  Monda}*, 
the  consideration  of  the  case  of  Mr.  Merryman; 
Which  w^as  lost. 

The  Convention  then  proceeded  to  the  consideration  of  the 
charges  against.R.  C.  Merryman,  a  delegate  from  Lauderdale 
county. 

Messrs.  Alderson  and  Railsback,  delegates  appointed  to  pre- 
pare charges  against  Mr.  Merryman,  submitted  the  following 
charges  and  resolution  on  the  subject: 

The  undersigned,  appointed  by  the  President  of  this  Con- 
vention to  conduct  the  prosecution  against  R.  C.  Merryman. 
delegate  from  the  county  of  Lauderdale,  for  otfenses  committed 
against  the  good  order,  peace,  and  dignity  of  this  Convention, 
and  having  examined  the  reports  of  the  special  committee 
appointed  to  investigate  the  charges  preferred  against  him,  and 
the  affidavits  of  witnesses  thereto  attached,  do  charge  as 
follows: 

1st.  That  the  said  R.  C.  Merryman  did,  on  the  night  of  the 
23d  day  of  February,  1868,  gain  admittance  into  the  Repre- 
sentatives Hall,  in  which  the  Constitutional  Convention  was 
then,  and  now  is  being  held,  by  deceiving  the  Doorkeeper,  C. 
F.  Norris,  then  in  charge  of  said  Hall,  as  officer  of  said  Con- 
vention, and  did  then  and  there  seize  and  assault  said  Norris 
while  in  the  discharge  of  his  dut3r,  and  put  him  in  fear  of  great 
bodily  harm,  and  force  him,  through  fear,  to  leave  said  Hall 
and  seek  safety  by  flight;  and  did  then  and  there,  as  leader, 
and  at  the  head  of  a  lawless  band  of  evil-disposed  persons, 
commit  other  acts  of  wrong  and  outrage,  as  charged  in  the 
report  of  said  special  committee. 

2d,  That  said  Merryman  did,  in  aggravation  of  the  above 
offenses,  publish,  or  cause  to  be  published,  in  the  Jackson 
Clarion,  of  the  27th  day  of  February,  1868,  a  false  and  libelous 
accusation  against  members  of  this  Convention,  by  charging 


309 


them  with  corrupt  motives  in  the  part  they  took  against  him  in 
bringing  the  charges  above  referred  to  before  this  Convention, 
and  moving  for  his  expulsion  therefrom  for  said  offenses. 

3d.  For  a  third  and  further  charge,  the  said  Merryrnan  did, 
on  the  25th  day  of  February,  1868,  without  the  consent  of  this 
Convention,  absent  himself  from  this  Convention,  thereby 
vacating  his  seat  without  the  consent  of  said  Convention, 
and  has  been  engaged  in  acts  of  dissipation  and  disorderly 
conduct,  disgraceful  to  the  dignity  of  this  Convention,  and  in 
violation  of  the  rules  governing  said  bod}-  therefore,  be  it 

Resolved,  That  the  said  Merryman  be  expelled  from  this 
Convention,  and  that  his  seat  be  declared  vacant  from  and  after 
this,.  6th  day  of  March,  1868. 

A.  Alderson, 
Jehiel  Railsback, 

Report  received 

And  the  defendant  was  permitted  to  plead. 
And  by  his  counsel,  requested  that  he  be  allowed  until  to- 
morrow, at  3  o'clock,  to  prepare  his  defense. 

Mr.  Compton  moved  that  the  request  be  granted; 
Which  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Ballard,  Beam,  Combash,  Compton, 
Conley,  Dalton,  Elliott  James,  Fields  Goss,  Hemnringway, 
Hutto,  Johnson  S.,  Longmire,  McKnight,  Nesbitt,  Richardson, 
Stovall,  Stiles,  Vaughan,  Walker,  Warren,  Woodmansee — 23. 

Nays — Messrs.  Alderson,  Barry,  Bonney,  Bridges,  Brinson, 
Caldwell,  Castello,  Chappell,  Clarke,  Drane,  Fawn,  Handy, 
Hauser,  Jacobs,  Johnson  A.,  Lawson,  Leas,  Leonard,  Mayson, 
Musgrove,  Moore,  Mygatt,  Newsom,  Ozanne,  Parsons  F.,  Par- 
sons J.  R.,  Peyton  E.  G.,  Quinn,  Railsback,  Smith,  Stewart, 
Stringer,  Toy,  Weir,  Williams,  and  Yeoman — 36. 

The  Convention  directed  that  the  accused  be  furnished  with 
a  copy  of  the  charges  and  proceedings  against  him. 

The  Convention  adjourned  until  3  o'clock,  p.  m.,  this  da}'. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 

Leave  of  absence  was  granted  to  Mr.  Hutto,  for  one  week, 
commencing  on  Monday  next. 

The  Convention  resumed  the  consideration  of  the  case  of 
the  delegate  from  Lauderdale; 

And  by  his  counsel,  he  submitted  the  following  defense : 
In  the  Constitutional  Convention,  convened  under  the  certain 

Acts  of  the  Congress  of  the  United  States,  in  that  behalf, 

and  now  in  session  in  the  Hall  of  Representatives  of  the 

State  of  Mississippi; 
In  the  matter  of  the  certain  charges  .-against  R,  C.  Merryman, 

a  delegate  to  said  Convention  from  the  county  of  Lauderdale, 

in  said  State,  by  A.  Alderson  and  Jehiel  Railsback,  managers 

on  behalf  of  said  Convention ; 

The  said  R.  0.  Merryman,  respondent  as  aforesaid,  protesting 


310 


against  the  jurisdiction  of  this  Convention,  under  the  said 
Acts  of  Congress,  to  deny  to  the  people  of  said  county  of  Lau- 
derdale, in  manner  and  form  as  provided  in  and  by  said  charges, 
their  right  of  representation  in  this  Convention,  under  said 
Acts  of  Congress,  or  to  exclude  him  as  such  delegate  aforesaid, 
from  said  Convention,  as  the  delegate  representing  the  people 
of  said  county  therein,  and  denying  the  authority  of  this  Con- 
vention to  try  him  upon  any  of  the  matters  in  said  several 
charges  contained,  or  any  of  them,  and  not  waiving,  in  any 
manner,  but  insisting  on  his  said  objections  for  answer  to  said 
several  charges,  responds  and  says  as  follows,  to  wit : 

First.  As  to  said  first  charge,  this  respondent  says,  that 
heretofore,  to-wit:  on  the  twenty-fifth  day  of  February,  A.  D. 
1868,  he  (the  respondent)  was  arraigned  before  said  Conven- 
tion in  session  for  business  convened,  and  was  charged  therein 
by  said  Convention,  upon  the  several  matters  of  said  first 
charge,  and  therefore  was  by  the  consideration  and  judgment 
of  this  Convention,  duly  acquitted  and  discharged  therefrom, 
which  said  judgment  still  remains  in  full  force.* 

Second.  And  as  to  the  said  third  charge  whereby  this  re- 
spondent is  charged  with  having  violated  his  seat,  this  respond- 
ent says  the  matters  of  said  charge,  if  they  exist  at  all,  trans- 
pired before  the  time  of  the  proceedings  and  judgment  afore- 
said, and  by  the  said  judgment  of  this  Convention  this  respond- 
ent was  declared,  after  the  alleged  matters  aforesaid,  still 
entitled  to  his  seat  in  this  Convention  as  a  delegate  aforesaid; 
whereof  this  respondent  says  the  matters  of  said  first  charge 
cannot  now  be  heard  or  tried  by  this  Convention. 

Third.  And  as  to  the  said  three  several  charges  preferred  as 
aforesaid,  and  as  to  each  of  them  this  respondent  sa^ys  that  he 
is  not  guilty  of  them  or  either  of  them,  aiid  he  denies  therein 
each  of  them. 

Fourth.  And  for  a  further  response  to  said  several  charges, 
and  each  of  them,  this  respondent  says  that  none  of  the  matters 
therein  charged  or  stated,  were  done  or  committed  while  this- 
Convention  was  in  actual  session,  if  at  all;  and  that  so  this  Con- 
vention has  no  jurisdiction  or  authority  to  examine  or  try  the 
same. 

Fifth.  And  for  a  further  answer  to  said  third  charge,  this  re- 
spondent says  that  his  said  alleged  absence,  therein  set  forth, 
was  caused  by  his  sickness,  whereby  he  was  unable  to  attend 
the  sessions  of  said  Convention,  or  to  participate  in  the  pro- 
ceedings thereof;  wherefore  he  prays  that  the  said  charge  be 
disallowed,  etc. 

W.  P.  Harris, 
G.  L.  Potter, 
Attorneys  for  Respondent. 
Mr.  Alderson  moved  that  the  Secretary  read  the  testimony 
submitted  on  behalf  of  the  prosecution  ; 
Which  was  carried,  by  the  following  vote: 
Yeas — Messrs.  Alderson.  Alcorn,   Barry,   Beam,  Bonneyr 
Bridges,   Brinson,   Caldwell,    Castello,   Chapman,  ChappelX 


311 


Clarke.  Combash.  Drane,  Fawn.  Handy,  Hauser.  Jacobs,  John- 
son, Lawson,  Leas.  Leonard,  Mayson,  Musgrove.  Moore.  My- 
gatt.  Newsoni.  Parsons  J.  R  .  Quiun.  Railsback.  Richardson. 
smi:h.  Stewart.  Stringer.  Toy.  Warren,  Weir,  Williams.  Wood- 
mansee.  and  Yeoman — 40. 

2s  ats — Messrs.  Field.  Goss.  Hemmingway,  Johnson  S..  Long- 
mire,  McKnight,  Xesbitt.  Peyton  E.  &..  Stiles.  Walker — 10. 

3Ir.  Railsback  moved  that  the  rules  be  suspended  so  that 
when  the  Convention  adjourn  it  be  to  meet  at  7^-  o'clock  this 
evening; 

Which  was  carried. 

Messrs.  Alcorn  and  Goss  were  granted  leaves  of  absence  for 
this  evening. 

The  Convention  adjourned  to  meet  to-night  at  1\  o'clock. 

NIGHT  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  calling  the  roll,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Alderson.  Barry.  Beam.  Bridges. 
Caldwell,  Castello,  Chapman,  Chappeli,  Clarke.  Combash.  Comp- 
ton.  Conley.  Dalton,  Drane,  Elliott.  Fawn.  Field.  Handy. 
Hauser.  Hemmingway.  Hutto.  Jacobs.  Johnson  S..  Johnson  A.. 
Lawson,  Leas.  Leonard,  Longmire.  Mayson.  Musgrove.  Mooie. 
Mygatt,  McKnight.  Xesbitt^Ozanne.  Parsons  J.  R..  Peyton  E 
G..  Quinn.  Railsback.  Richardson.  Smith.  Stewart.  StovaiL 
Stringer.  Stiles.  Toy.  Yaughan.  Walker.  Warren,  Weir,  Wil- 
liams. Woodmansee.  and  Yeoman — 54. 

The  following  delegates  were  absent: 

Messrs.  Alcorn.  Ballard,  Bonney,  Brinson.  Collins.  Cunning- 
ham. Dowd.  Elliott  John.  Fitzhugh,  Gaither.  Gibbs,  Goss. 
Gray.  Herb  en.  Holland.  Howe,  Jamison.  Jones.  Kerr.  Lack. 
Mask.  Montgomery.  Miles.  Morgan.  Myers.  MeCutehen.  McKee. 
Neilson,  Orr.  Parsons  E..  Peyton.  E.  A..  Phillips.  Powell.  Rain- 
ey.  Stites.  Stricklin.  Townsend.  and  Watson — 39. 

On  motion  of  Mr.  Castello.  the  Sergeant-at-Amis  was  directed 
to  bring  in  the  absent  members. 

Mr.  Railsback  moved  to  adopt  the  resolution  submitted  to 
the  Convention  this  morning  in  connection  with  the  report 
submitted  by  the  committee  relating  to  Mr.  Merryman,  of 
Lauderdale.    The  resolution  reads  as  follows : 

Resolved.  That  the  said  Merryinan  be  expelled  from  this 
Convention,  and  that  his  seat  be  declared  vacant,  from  and 
after  the  6th  day  of  March,  1S6S. 

Which  was  adopted,  by  the  following  vote : 

Yeas — Messrs.  Alderson.  Barry.  Bonney.  Bridges.  Brinson. 
Caldwell,  Castello.  Chapman.  Clarke.  Combash.  Drane.  Fawn. 
Handy.  Hauser.  Jacobs.  Johnson  A..  Lawson.  Leas.  Leonard. 
Mayson.  Musgrove.  Moore.  Mygatt.  Xewsoni.  Ozanne.  Parsons 
F..  Parsons.  J.  R..  Peyton  E.  G.,  Railsback.  Richardson.  Smith. 
5t      ::.  Stringer,  Tov.  Warren,  Weir.  Williams,  Yeoman — 38. 


312 


Nays— Messrs.  Compton,  Dalton,  Elliott  James,  Field,  Hem- 
mingway,  Hutto,  Johnson  S.,  Longmire,  McKnight,  Stovall, 
Stiles,  Vaughan,  Walker — 13, 

On  motion  of  Mr.  Leas,  the  Convention  adjourned  to  meet  at 
9  o'clock  to-morrow  morning. 

T.  P.  Sears, 
Secretary. 


FIFTY-THIRD  DAY. 

Jackson,  Miss.,  Saturday,  March  7th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr,  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Compton,  Conle}r,  Cunningham, 
Dalton,  Drane,  Elliott  James,  Fawn,  Field,  Goss,  Handy,  Hern- 
mingway,  Jacobs,  Johnson  S.,  Johnson  A.,  Jones,  Lawson,  Leas, 
Leonard,  Longmire,  Mayson,  Moore,  Mygatt,  McKnight,  Nes- 
bitt,  Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  R,,  Peyton  E.  G., 
Quinn,  Railsback,  Richardson,  Smith,  Stewart,  Stovall,  Stringer, 
Townsend,  Toy,  Vanghan,  Walker,  Warren,  Weir,  Williams, 
Woodman  see,  Yeoman — 59. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Dowd,  Elliott  John,  Fitzhugh,  Gaither,  Gibhs, 
Gray,  Hauser,  Herbert,  Holland,  Howe,  Hutto,  Jamison,  Kerr, 
Lack,  Mask,  Musgrove,  Montgomery^  Miles,  Morgan,  Myers, 
McCutchen,  McKee,  Nielson,  Nelms,  Orr,  Peyton "E.  A.,  Phil- 
lipps,  Powell,  Rainey,  Stites,  Stricklin,  Stiles,  Watson — 35. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  named  gen- 
tlemen, for  the  period  affixed  to  their  names: 

To  Mr.  Holland  for  eight  days;  to  Mr.  Hauser  for  one  day; 
lo  Mr.  McKee  for  one  day;  to  Mr.  Musgrove  for  three  days; 
and  to,  the  President  until  Monday  noon. 

Jackson,  Miss.,  March  6,  1868. 

To  the  Honorable  President  and  M embers  of  the  Convention: 

I  have  seen  in  the  official  Journal,  and  have  had  laid 
before  me  this  day  as  printed,  the  report  of  the  committee  of 
Franchise,  to  which  I  cannot  subscribe.  My  ill  health  has  of 
late  prevented  my  appearance  on  committee  meetings,  jet  I 
was  not  notified,  though  in  the  city,  that  the  report  of  the  said 
committee  would  be  made  on  that  day.,  nor  had  I  any  notice 


313 


that  it  had  been  made,  until  I  saw  the  report  in  the  official 
Journal  of  the  Convention  yesterday. 

As  I  am  a  member  of  said  Franchise  Committee,  for  the 
above  reason,  I  respectfully  ask  leave  of  the  Convention  to 
bring  in  a  minority  report  on  Monday  next. 

I  have  the  honor  to  be, 

Very  Respectfully, 

A.  T.  Morgan, 
Delegate  from  the  County  of  Yazoo, 
In  accordance  with  the  above  request,  the  Convention  grant- 
ed leave  for  the  gentleman  to  present  a  minoritj-  report  on  the 
subject  alluded  to. 

To  the  Honorable  President  and  Members  of  the  Constitutional 
Convention: 

Your  Finance  Committee  would  respectfully  represent  that 
the  following  section  of  the  tax  ordinance,  as  amended  and 
passed  by  this  Convention,  February  27th,  1868,  is  in  direct 
conflict  with  other  and  more  important  sections,  to-wit:  Sec- 
tions 13,  14,  and  16,  and  that  said  section  is  of  no  material 
use  in  said  ordinance;  your  committee  would,  therefore,  recom- 
mend that  said  section  be  repealed. 

The  section  reads  as  follows: 

Section  24.  Be  it  f  urther  ordained,  That  the  State  Treasur- 
er shall  receive  and  disburse  all  money  collected  under  and  by 
virtue  of  this  ordinace;  Provided,  That  no  disbursement  shall 
be  made  except  upon  warrants  issued  by  the  Auditor  of  Public 
Accounts  of  the  State  of  Mississippi,  upon  certificates  signed  by 
the  President,  and  countersigned  by  the  Secretary  of  this  Con- 
vention. He  shall  as  often  as  may  be  deemed  necessary  by 
this  Convention,  furnish  a  detailed  statement  of  all  moneys 
received  and  disbursed  by  him  in  accordance  with  this  ordi- 
nance, and  all  books  and  papers  in  his  office,  relating  to  this 
Convention,  shall  at  all  times  be  open  to  the  inspection  of  the 
Finance  or  other  committee,  specially  appointed  by  this  Con- 
vention for  that  purpose. 

F.  Parsons, 
Chairman. 

Report  received. 

And  on  motion  of  Mr.  Parsons,  of  Adams,  the  rules  were 
suspended,  that  immediate  action  might  be  had  on  the  report 
of  the  committee. 

Mr.  Parsons,  of  Adams,  moved  that  the  recommendation  of 
the  committee  be  adopted. 

The  motion  was  carried,  and  section  twenty-four  of  the 
ordinance,  passed  February  27,  1868,  providing  for  the  levy 
and  collection  of  a  tax  to  defra3T  the  expenses  of  this  Conven- 
tion, was  repealed. 

The  committee  on  Contingent  Expenses,  submitted  the  fol- 
lowing : 

Mr.  President:  Your  committee  on  Contingent  Expenses 
would  repectfully  report,  that  the  bill  hereto  annexed  for  fuel 


314 


famished  the  Convention  has  been  examined  and  found  cor- 
rect, and  would  recommend  that  the  same  be  allowed. 

Respectfully, 

U.  Ozanne,  Chairman. 

8.   C.  CONLEY, 

J.  Railsback, 
W.  H.  Gibbs, 
J.  C.  Brinson, 

Committee. 

The  bill  above  alluded  to  is  that  of  A.  J.  Herrod,  for  fuel 
furnished  the  Covention  up  to  the  3d  of  March,  1868,  and 
amounts  to  $172  20. 

Mr.  President  :  The  bill  hereto  annexed,  referred  to  the 
committee  on  Contingent  Expenses,  has  been  duly  examined 
and  found  correct ;  and  said  committee  would  recommend  that 
the  same  be  allowed. 

Respectfully, 

U.  Ozanne,  Chairman. 
S.  C.  Conley, 
J.  Railsback, 

W.  H.  GrIBBS, 

John  C.  Brinson, 

Committee. 

The  bill  above  alluded  to  is  that  Of  the  committee  appointed 
to  confer  with  Gen.  Gillem  in  reference  to  the  last  Tax  Ordi- 
nance passed  by  this  Convention,  being  expenses  incurred  by 
them  in  attending  to  the  same,  and  is  $25  75. 

The  reports  were  received,  and  on  motion  of  Mr.  Parsons, 
of  Adams,  the  rules  were  suspended  to  take  further  action  on 
the  same. 

Mr.  Compton  moved  to  recommit  the  bills  to  the  committee ; 
Which  was  lost. 

And  the  reports  of  the  committee  were  adopted,  and  war- 
rants ordered  to  be  issued. 

Mr.  Alderson  moved  that  the  rules  be  suspended  to  enable 
Mr.  Caldwell,  of  Hinds,  to  introduce  a  resolution; 

Which  was  carried. 

Mr.  Caldwell,  of  Hinds,  submitted  the  following: 
Whereas,  It  has  come  to  the  knowledge  of  this  Convention 
that  many  of  the  colored  people  of  this  State  came  into  pos- 
session of*  personal  property  in  1863-64-65,  by  lawful  means; 
and 

Whereas,  Since  the  surrender  of  the  rebel  armies,  many 
white  persons,  pretending  to  have  been  masters  and  owners  of 
said  colored  persons,  have  come,  forward  and  claimed  said 
property  thus  owned  by  said  colored  persons,  on  the  ground 
that  the  said  personal  property  was  acquired  by  them  while  in 
a  state  of  slavery,  and  have  seized  said  property  under 
the  old  plea  that  said  colored  persons  were  then  slaves,  and 
that  all  property  acquired  by  them  while  in  that  condition, 
belonged  absolutely,  by  operation  of  law,  to  their  masters;  and 

Whereas,  Great  frauds  have  been  committed  in  this  way  by 


315 


evil-disposed  white  persons,  in  seizing  and  taking  away,  and 
appropriating  to  themselves  said  property,  without  regard  to 
right  and  justice  ;  and 

Whereas,  Courts  of  law  have  hitherto  failed  to  mete  out- 
equal  and  exact  justice  to  said  colored  persons  in  protecting 
them  in  their  lawful  rights;  therefore,  be  it 

Resolved,  That  all  persons  that  have  heretofore  seized,  or 
shall  hereafter  seize  any  property  in  this  way,  under  such  pre- 
tended right  to  such  property,  be  compelled  to  restore  said 
property  and  reasonable  damages  for  such  seizure;  and  in  case 
such  property  cannot  be  restored,  then  the  persons  so  taking- 
it  shall  pay  the  full  value  of  said  property  so  seized  and  taken 
away,  and  appropriated  as  aforesaid. 

Resolved,  That  Maj.  Gen.  Gillem  be  requested  by  this  Con- 
vention to  issue  a  special  order  to  enforce  the  above  resolution, 
to  the  end  that  such  property  so  seized  and  appropriated,  or  its 
value,  be  restored  to  the  persons  from  whom  it  was  taken. 

Resolved.  That  the  President  sign  these  resolutions,  and  the 
Secretary  immediately  forward  the  same  to  Maj.  Gen.  Gillem. 

Mr.  Compton  moved  to  lay  the  preamble  and  resolutions  on 
the  table; 

Which  was  lost. 

Mr.  Compton  moved  to  indefinitely  postpone  the  preamble 
and  resolutions ; 

Which  was  laid  on  the  table. 

And  the  preamble  and  resolutions  of  Mr.  Caldwell  were 
adopted. 

The  rules  were  suspended  to  take  action  on  the  report  of  the 
committee  on  Contingent  Expenses,  submitted  to  the  Conven- 
tion February  26th,  embracing  the  account  of  Messrs.  Ash  & 
Lemly.  for  pencils  furnished  the  Convention. 

And  the  account  was  allowed  and  ordered  paid. 

The  Convention  took  up  for  consideration  the  report  of  the 
committee  on  Education. 

Section  4.  as  amended  by  Mr.  Castello.  March  5th.  reads  as 
follows : 

There  shall  be  a  Superintendent  of  Public  Education,  who 
shall  be  appointed  by  the  Board  of  Education,  by  and  with  the 
advice  and  consent  of  the  Senate;  Provided,  That  the  Legis- 
lature shall  have  power  to  make  said  office  of  County  Sehool  Su- 
perintendent of  the  several  counties  elective,  as  other  county 
officers  are,  after  the  year  IS 72,  whose  term  of  office  shall  be 
two  years,  and  whose  compensation  and  duties  shall  be  pre- 
scribed by  law. 

Previous  question  ordered:  and  the  amendment  was  adopted. 
And  section  4  was  adopted. 
Section  5: 

Mr.  Stringer  moved  to  amend  as  follows: 

Add  to  the  end  of  the  third  line  the  words  "  and  the 
parents,  guardians,  and  others  who  may  have  the  lawful  con- 
trol of  any  child,  of  an  age  sufficient  to  attend  school,  shall  by 


316 


law,  be  compelled  to  send  the  child  to  school  at  least  four 
months  in  each  year  until  the  child  is  fifteen  years  of  age. 

Mr.  Stovall  offered  the  following  amendment: 

"Provided,  That  separate  schools  for  the  white  and  colored 
children  be  maintained  in  each  district;  And  provided,  fur- 
ther, That  should  there  not  be  a  sufficient  number  of  either 
race  to  maintain  a  separate  school,  the  minority  race  shall  have 
the  privilege  of  sending  to  school  in  an  adjoining  district,  and 
be  entitled  to  their  pro  rata  of  the  school  funds  the  same  as  if 
the  school  was  taught  in  their  own  district." 

Mr.  Jacobs  moved  to  lay  on  the  table; 

Which  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Brinson,  Caldwell,  Clarke,  Field, 
Gibbs,  Handy,  Jacobs,  Johnson  A.,  Lawson,  Leonard,  May- 
son,  Moore,  Newsom,  Parsons  F.,  Parsons  J.  R.,  Stewart, 
Stringer,  Toy,  Warren,  Woodmansee,  Yeoman — 22. 

Nays — Messrs.  Alcorn,  Ballard,  Barry,  Beam,  Bridges,  Chap- 
man, Chappell,  Compton,  Conley,  Cunningham,  Dalton,  Elliott 
James,  Fawn,  Goss,  Hemmingway,  Johnson  S.,  Jones,  Leas, 
Longmire,  McKnight,  Ozanne,  Pej'ton  E.  G.,  Quinn,  Railsback, 
Richardson,  Smith,  Stovall,  Stiles,  Townsend,  Vaughan,  Walk- 
er, Weir,  Williams — 33. 

Mr.  Castello  moved  to  suspend  the  rules  for  the  purpose  of 
introducing  the  following  motion: 

Which  was  carried. 

Mr.  Castello  moved  that  the  Convention  do  now  adjourn  until 
10  o'clock,  Monday  morning; 
Which  was  carried. 

Convention  adjourned  until  Monday  morning  atlO  o'clock. 

T.  P.  Sears, 

Secretary, 


FIFTY-FOURTH  DAY. 

Jackson,  Miss.,  Monday,  March  9th,  1868. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs,  Alderson,  Alcorn,  Ballard,  Barry,  Beam, 
Bonney,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke, 
Combash,  Compton,  Conley,  Cunningham,  Dalton,  Drane,  Elli- 
ott James,  Fawn,  Field,  Gibbs,  Goss,  Handy,  Hauser,  Hem- 
mingwa}^,  Herbert,  Jacobs,  Johnson  S.,  Johnson  A.,  Jones, 
Lawson,  Leas,  Leonard,  Longmire,  Mayson,  Montgomery, 
Moore,  McKnight,  Nesbitt,  Newsom,  Ozanne,  Parsons  F,,  Par- 
sons J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Quinn,  Railsback, 


317 


Smith,  Stewart,   Stovall,   Stringer,    Stiles,   Townsend,  Tor, 
Yaughan,  Walker,  Warren,  Weir,  Wooclmansee,  Yeoman — 63. 
The  following  delegates  were  absent: 

Messrs.  Bridges,  Collins,  Dowd,  Elliott  John,  Fitzhugh, 
Gaither,  Gray,  Holland,  Howe,  Jamison,  Kerr,  Lack,  Long- 
mire,  Mask,  Musgrove,  Miles,  Morgan,  Myers,  Mygatt,  Mc- 
Cutchen.  McKee,  Nelms,  Orr,  Phillips,  Powell,  Rainey,  Stew- 
art,  Stites,  Stricklin,  Watson,  Williams — 31. 

The  Journal  of  Saturday  was  read  and  approved. 

Leaves  of  absence  were  granted  the  following  named  dele- 
gates for  the  periods  affixed  to  their  names: 

To  Mr.  Mj^gatt,  two  days;  to  Mr.  Morgan,  two  days;  and  to 
Mr.  Williams,  two  days. 

Mr.  Compton  moved  that  all  leaves  of  absence  granted  to  all 
those  absent  be  extended  from  day  to  day  until  their  return. 

Mr.  Hauser  moved  to  lay  the  motion  on  the  table; 

Which  was  carried. 

Mr.  Castello  moved  a  suspension  of  the  rules,  to  permit  him 
to  introduce  a  resolution ; 
Which  was  carried. 
Mr.  Castello  offered  the  following: 

Hesolved,  That  the  Secretary  be  directed  to  telegraph  to 
Gen.  Alvin  C.  Gillem,  and  request  him  to  inform  the  Conven- 
tion by  telegraph,  to-da}T,  when  he  will  issue  his  order  enforc- 
ing the  collection  of  the  tax  levied  to  pay  expenses  thereof. 

Mr.  Compton  moved  to  strike  out  all  after  "resolved,"  and 
insert,  "That  Mr.  Castello,  of  Adams,  be  appointed  a  committee 
of  one  to  proceed,  without  delay,  to  Vicksburg  and  counsel 
with  General  Gillem,  and  ascertain  from  him,  definitely,  when 
and  in  what  manner  he  will  dispose  of  the  tax  bill  recentl}'  re- 
ferred to  him^and  that  the  said  committee  be  directed  to  use 
the  greatest  dispatch  in  executing  this  commission." 

Mr.  Field  moved  to  amend  as  follows : 

That  Mr.  Compton,  of  Marshall,  be  added  to  the  com- 
mittee. 

Mr.  Castello  moved  to  lay  all  amendments  on  the  table; 
Which  was  carried. 

And  the  resolution  of  Mr.  Castello  was  adopted. 
Mr.  Castello  moved  to  suspend  the  rules  to  proceed  to  the 
consideration  of  the  report  of  the  committee  on  Education: 
Which  was  carried. 

The  consideration  of  the  amendment  of  Mr.  Stovall,  intro- 
duced Saturday  last  (March  7th),  was  resumed. 

Mr.  Cunningham  moved  that- the  amendment  and  the  amend- 
ment to  the  amendment  be  laid  on  the  table. 

And  the  motion  of  Mr.  Cunningham  was  carried,  by  the  fol- 
lowing vote : 

Yeas — Messrs.  Alderson,  Ballard,  Bonney,  Bridges,  Brinsom 
Caldwell,  Castello,  Chappeil,  Clarke,  Cunningham,  Drane,  Fawn, 
Field,  Gibbs,  Handy,  Hauser,  Herbert,  Jacobs,  Johnson  A., 
Lawson,  Leas,  Leonard,  Mayson,  Moore,  Newsom,  Parsons  F., 
Parsons  J.  R,,  Peyton  E.  A.,  Peyton  E.  G-,  Quinn,  Railshack? 


318 


Richardson,  Stewart,  Stites,  Stringer,  Toy,  Warren,  Weir, 
Woocimansee,  Yeoman — 40. 

Nays — Messrs.  Alcorn,  Barry,  Beam,  Combash,  Compton, 
Conley,  Dalton,  Eiliott  James,  Goss,  Hemmingway,  Johnson 
S.,  Jones,  Montgomery,  McKnight,  Nesbitt,  Smith,  Stovall, 
Stiles,  Town  send,  Vaughan,  Walker — 21. 

Mr.  Compton  moved  to  amend  as  follows: 

After  the  word  "year,"  insert  the  words,  " Provided,  That 
two  schools  shall  be  maintained  in  each  school  district  at  least 
four  months  in  each  year — one  school  for  white  children  ex- 
clusively, the  other  for  colored  children;  which  schools  shall 
be  kept  separate  and  distinct." 

Mr,  Pe}7ton,  of  Copiah,  moved  to  lay  the  amendment  on  the 
table; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Ballard,  Barry,  Bonney,  Bridges, 
Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Com- 
bash, Cunningham,  Drane,  Fawn,  Gibbs,  Handy,  Hauser,  Jacobs, 
Johnson  A.,  Lawson,  Leas,  Leonard,  Mayson,  Moore,  Newsom, 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G., 
Railsback,  Stewart,  Stites,  Stringer,  Toy,  Warren,  Weir,  Wood- 
mansee,  and  Yeoman — 40. 

Nays — Messrs.  Alcorn,  Beam,  Compton,  Conley,  Dalton, 
Elliott  James,  Goss,  Johnson  S.,  Montgomery,  McKnight, 
Smith,  Stovall,  Stites,  Townsend,  Vaughan,  and  Walker — 16. 

Mr.  Compton  moved  to  strike  out  the  word  "  a,"  in  first  line, 
and  add  "  s  "  to  schools. 

Mr.  Alderson  moved  to  amend  section  5,  in  the  1st  line 
by  inserting  between  the  words  "school"  and  "shall,"  the 
words  "or  schools." 

And  in  the  3d  line,  insert  "  3  "  in  place  of  "  4."  * 

Mr.  Gibbs  moved  the  previous  question; 

Which  was  sustained. 

And  the  amendment  of  Mr.  Alderson  was  lost. 
And  the  amendment  of  Mr.  Compton  was  lost. 
And  section  5,  as  printed,  was  adopted,  by  the  following 

vote : 

Yeas — Messrs.  Ballard,  Barry,  Bonney,  Bridges,  Brinson, 
Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Combash, 
Drane,  Fawn,  Field,  Gibbs,  Handy,  Hauser,  Jacobs,  Johnson 
A.,  Lawson,  Leonard,  Mayson,  Moore,  McKnight,  Newsom, 
Parsons  J.  R.,  Peyton  E.  G.,  Peyton  E.  A.,  Quinn,  Railsback, 
Richardson,  Stewart,  Stites,  Stringer,  Toy,  Warren,  Weir,  Wood- 
mansee  and  Yeoman — 39. 

Nays — Messrs.  Alderson,  Alcorn,  Beam,  Compton,  Conley, 
Cunningham,  Dalton,  Elliott  James,  Goss,  Hemmingway,  John- 
son S.,  Jones,  Leas,  Montgomery,  Ozanne,  Parsons  F.,  Smith, 
Stovall,  Stiles,  Townsend,  Vaughan,  Walker — 23. 

And  the  section  reads  as  follows : 

Sec.  5.  A  school  shall  be  maintained  in  each  school  district 
at  least  four  months  in  each  year.  Any  school  district  neglect- 
ing to  maintain  such  schools  shall  be  deprived  for  that  year  of 


319 


its  proportion  of  the  income  of  the  free  school  fund,  and  of 
all  funds  arising  from  taxes  for  the  support  of  schools. 
The  Convention  adjourned  until  5  o'clock  this  evening. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Ballard,  Barry,  Beam.  Bonney,  Bridges, 
Brinson,  Caldwell,  Castello,  Chapman,  Clarke,  Combash,  Comp- 
ton.  Conley,  Cunningham,  Dalton,  Drane,  Elliott  James,  Fawn, 
Gibbs,  Goss,  Handy,  Hauser,  Jacobs,  Johnson  S.,  Johnson  A.. 
Lawson,  Leas,  Leonard,  Mayson,  Moore,  Newsom,  Ozanne. 
Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Quinn,  Railsback, 
Richardson,  Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles, 
Townsend,  Toy,  Walker,  Warren,  Woodmansee,  Yeoman — 51. 

The  following  delegates  were  absent: 

Messrs.  Alderson,  Chappell,  Collins,  Dowd,  Elliott  John, 
Field,  Fitzhugh,  Gaither,  Gray,  Hemmingway,  Herbert,  Hol- 
land, Howe,  Hutto,  Jamison,  Jones,  Lack,  Longmire,  Mask. 
Musgrove,  .Montgomery,  Miles,  Morgan,  Myers,  Mygatt,  Mc- 
Cutchen,  McKee,  McKnight,  Neilson,  Nelms,  Nesbitt,  Orr,  Pey- 
ton E.  G.,  Phillips,  Powell,  Rainey,  Stricklin,  Yaughan,  Wat- 
son, Weir,  and  Williams — 41. 

The  following  telegram  was  received  from  the  headquarters 
of  the  General  commanding  the  Fourth  Military  District : 

Yicksburg,  Miss.,  March  9,  1868. 
Received  at  Jackson,  March  9,  1868. 

To  Hon.  T.  P.  Sears,  Secretary  of  Convention  : 

The  order  for  publishing  the  tax  ordinance  is  in  press,  dating 
the  6th  inst.,  and  will  be  promulgated  to-morrow. 

Johx  Tyler, 

A.  A.  A.  G. 

Mr.  Compton  moved  that  Mr.  Combash  be  granted  leave  of 
absence  for  four  days. 

Mr.  Gibbs  moved  to  lay  on  the  table; 
Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Barry,  Bonney,  Brinson,  Caldwell, 
Castello,  Fawn,  Gibbs,  Handy,  Jacobs,  Johnson  A.,  Lawson, 
Leas,  Leonard,  Mayson,  Moore,  Newsom,  Ozanne,  Parsons  J. 
R.,  Peyton  E.  A.,  Peyton  E.  G.,  Smith,  Stewart,  Stringer,  Toy. 
and  Woodmansee — 26. 

Nats — Messrs.  Ballard,  Beam,  Bridges,  Chapman,  Clarke. 
Compton,  Conley,  Cunningham,  Dalton,  Drane,  Elliott  James, 
Goss,  Johnson  S,,  Jones,  McKnight,  Parsons  F.,  Quinn,  Rails- 
back,  Richardson,  Stites,  Stovall,  Stiles,  Townsend,  Yaughan, 
Walker,  and  Warren — 27. 

And  the  motion  of  Mr.  Compton  was  lost. 


320 


Mr.  Compton  moved  that  Mr.  Combash  be  granted  a  leave  of 
absence  for  one  day; 

Which  was  laid  on  the  table. 

Mr.  Combash  was  granted  leave  of  absence  for  this  evening. 

The  President  presented  a  communication  from  Headquart- 
ers, Fourth  Military  District,  containing  accounts  of  sundry 
Deputy  Sheriffs  for  Monroe  county. 

Mr.  Compton,  of  Marshall,  moved  that  the  accounts  be  re- 
turned to  Gen.  Giliem  without  comment. 

Previous  question  called,  call  not  sustained ;  and  the  consid- 
eration of  the  subject  lies  over. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  committee  on  Education. 

Section  6: 

Mr.  Goss  moved  to  amend  the  section  as  follows: 
After  the  word  "  lands,"  in  the  eighth  line,  insert  the  words, 
"  except  the  swamp  lands  lying  and  situated  on  Pearl  river,  in 
the   counties  of  Hancock,  Marion,  Lawrence,  Simpson,  and 
Copiah  ;" 

Which  was  carried. 

And  section  6  was  adopted  as  amended,  and  reads  as  follows : 
Sec  6.  There  shall  be  established  a  common  school  fund, 
which  shall  consist  of  the  proceeds  of  the  lands  now  belonging 
to  the  State,  heretofore  granted  by  the  United  States,  and  the 
lands  known  as  "  swamp  lands,"  except  the  swamp  lands  lying 
and  situated  on  Pearl  river,  in  the  counties  of  Hancock,  Marion, 
Lawrence,  Simpson,  and  Copiah,  and  of  all  lands  now  or  here- 
after vested  in  the  State  by  escheat  or  purchase  or  forfeiture 
for  taxes,  and  the  clear  proceeds  of  all  fines  collected  in  the 
several  counties,  for  any  breach  of  the  penal  laws,  and  all 
moneys  received  for  licenses  granted  for  the  sale  of  intoxicat- 
ing liquor,  or  keeping  of  dram  shops,  all  moneys  paid  as  an 
equivalent  for  persons  exempt  from  military  duty,  and  the 
funds  arising  from  the  consolidation  of  the  congressional  town- 
ship funds,  and  lands  belonging  thereto,  together  with  all 
moneys  donated  to  the  State  for  school  purposes,  shall  be 
securely  invested  in  United  States  bonds,  and  remain  a  perpet- 
ual fund,  which  may  be  increased,  but  not  diminished,  the  inter- 
est of  which  shall  be  inviolably  appropriated  for  the  support  of 
free  schools. 
Section  7: 

Mr.  Hauser  moved  to  strike  out  the  word  "  two,"  in  the  third 
line,  and  insert  the  word  "  one." 

A  motion  to  lay  on  the  table  was  lost. 

Mr.  Compton  moved  to  amend  as  follows: 

At  the  close  of  the  section,  add:  "Provided,  That  no  tax 
shall  be  levied  upon  any  person  not  an  elector  under  the  Con- 
stitution of  this  State." 

A  motion  to  lay  on  the  table  was  carried, 

Mr.  Barry  moved  to  strike  out  all  after  the  word  "  tax,'5  in 
second  line,  to  the  word  "  in,"  in  the  third  line, 

A  motion  to  lay  on  the  table  was  lost 


321 


And  the  amendment  of  Mr.  Barry  was  adopted. 
And  the  amendment  as  amended  was  lost. 
Convention  adjourned  until  to-morrow  morning,  at  9  o'clock, 

T.  P.  Sears, 
Secretary. 


FIFTY-FIFTH  DAY. 

Jackson,  Miss.,  Tuesday,  March  10th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Compton,  Conley,  Cunningham, 
Dalton,  Dowd,  Drane,  Elliott  Jas.,  Fawn,  Field,  Gibbs,  Goss, 
Handy,  Hauser,  Hemmingway,  Herbert,  Howe,  Jacobs,  John- 
son S.,  Johnson  A.,  Jones,  Lawson,  Leas,  Leonard,  Mayson, 
Montgomery,  Moore,  Morgan,  M}rers,  McKee,  McKnight, 
Nesbitt,  Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E. 
A.,  Peyton  E.  G.,  Quinn,  Railsback,  Richardson,  Smith, 
Stewart,  Stites,  Stovall,  Stringer,  Townsend,  Toy,  Vaughan, 
Warren,  Weir,  Woodmansee,  and  Yeoman — 67. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Elliott  John,  Fitzhugh,  Gaither,  Gray,  Hol- 
land, Hutto,  Jamison,  Kerr,  Lack,  Longmire,  Mask,  Mus- 
grove,  Miles,  Mygatt,  McCutchen,  Neilson,  Nelms,  Orr,  Phil- 
lips, Powell,  Rainey,  Stricklin,  Stiles,  Walker,  Watson  and 
Williams— 27. 

Journal  of  yesterday  read  and  approved. 

Leave  of  absence  was  granted  to  Mr.  Powell  for  three  days; 
and  to  Mr.  Gray  for  four  days. 

The  committee  on  Militia  submitted  the  following  report : 

Mr.  President:  The  undersigned,  of  the  committee  on 
Militia,  respectfully  submit  the  following  report,  and  ask  that 
it  be  made  a  part  of  the  Constitution  of  the  State  of  Mississippi, 
as  article  . 

A.  T.  Morgan,  Chairman. 

E.  A.  Peyton, 

C.  P.  Neilson, 

E.  R.  Smith, 

W.  A.  Hutto, 

W.  G.  Vaughan, 

J.  M.  Phillips, 

Geo.  C.  McKee, 

E.  Handy, 

Cyrus  Myers. 

0—21 


322 


Section  1.  All  able-bodied  male  citizens  of  this  State,  be- 
tween the  ages  of  (18)  eighteen  and  (45)  forty-five  years,  shall 
be  liable  to  military  duty  in  the  militia  of  this  State,  in  such 
manner  as  the  Legislature  shall  provide,  not  incompatible  with 
this  Constitution  and  the  Constitution  and  laws  of  the  United 
States. 

Sec.  2.  The  Legislature  shall  provide  for  the  organizing, 
arming,  equipping,  and  discipline  of  the  militia,  and  for  paying 
the  same  when  called  into  active  service. 

Sec  3.  It  shall  be  the  duty  of  the  first  Legislature  to  make 
such  laws  as  shall  be  necessary  to  immediately  create  an  effect- 
ive militia  in  this  State. 

Sec.  6.  All  officers  of  the  milita,  except  non-commissioned 
officers,  shall  be  appointed  by  the  Governor  by  and  with  the 
consent  of  the  Senate,  and  shall  hold  their  office  during  good 
behavior,  and  shall  be  chosen  for  their  military  knowledge, 
their  experience  in  arms  and  their  fidelity  and  loyalty,  and  no 
commissioned  officer  shall  be  removed  from  office  except  by  the 
Senate,  on  recommendation  of  the  Governor,  stating  the 
grounds  on  which  such  removal  is  recommended,  or  by  the 
decision  of  a  court  martial  pursuant  to  law,  or  at  his  own 
request. 

Sec.  5.  The  Governor  shall  be  Commander-in-Chief  of  the 
militia,  except  when  called  into  the  service  of  the  United 
States,  and  shall  have  power  to  call  forth  the  militia  to  execute 
the  laws,  repel  invasion,  and  to  suppress  riots  and  insusrec- 
tions. 

Sec.  6.  The  Governor  shall  nominate  and  by  and  with  the 
consent  of  the  Senate,  commission  one  Major  General,  who 
shall  be  a  citizen  of  the  State  and  a  resident  of  the  District 
for  which  he  is  commissioned  to  each  Congressional  District, 
and  such  District  shall  constitute  a  Militia  Division. 

Sec  7.  The  Adjutant  General  and  other  staff  officers  to  the 
Commannder-in-Chief  shall  be  appointed  by  the  Governor, 
and  their  appointment  shall  expire  with  the  Governor's  term  of 
service. 

Sec.  8.  The  militia  shall  be  exempt  from  arrest  during  their 
attendance  on  musters  and  in  going  to  and  from  the  same, 
except  in  case  of  treason,  felony  or  breach  of  the  peace. 

Report  received,  and  one  hundred  copies  ordered  to  be  prin- 
ted. 

The  following  report  of  Mr.  Morgan,  of  the  committee  on 
Franchise,  was  read: 

To  the  Hon.  President  and  Members  of  the  Convention: 

The  undersigned  of  the  Committee  on  Franchise,  respect- 
fully submits  the  following  minority  report. 

A.  T.  Morgan. 

Sec.  1.  All  elections  by  the  people  shall  be  by  ballot. 

Sec  2.  All  male  inhabitants  of  this  State  (except  Indians 
not  taxed),  born  in  the  United  States,  or  naturalized,  twenty- 
one  years  old  and  upward,  who  have  resided  in  this  State  one 


year,  and  in  the  comity  in  which  said  inhabitant  offers  to  vote, 
three  months,  and  who  are  duly  registered  according  to  the 
requirement  of  section  three,  of  this  article,  and  who  are  not 
disqualified  by  reason  of  any  crime,  are  declared  to  be  qualfiied 
electors. 

Sec.  3.  The  Legislature  shall  provide  by  law  for  the  regis- 
tration of  all  persons  entitled  to  vote  at  an}'  election,  and  all 
persons  entitled  to  register  shall  take  and  subscribe  to  the  fol- 
lowing oath  or  affirmation:    ';  I  ,  do  solemnly  swear 

(or  affirm),  in  the  presence  of  Almighty  God,  that  I  am  twenty- 
one  years  old;  that  I  have  resided  in  this  State  one  year,  and 

in  county  three  months;  that  I  will  faithfully  support 

and  obey  the  Constitution  and  laws  of  the  United  States  and  of 
the  State  of  Mississppi,  and  will  bear  true  faith  and  allegiance 
to  the  same;  that  I  am  not  disfranchised  in  any  of  the  pro- 
visions of  the  acts  known  as  the  Reconstruction  Acts  of  the 
39th  and  40th  Congress;  and  that  I  admit  the  political  and  civil 
equality  of  all  men ;  so  help  me  God."'  Provided,  That  if  Con- 
gress shall  at  any  time  remove  the  disabilities  of  an}'  person 
disfranchised  in  the  said  Reconstruction  Acts  of  the  said  39th 
and  40th  Congress,  then  so  much  of  this  oath,  and  so  much 
only  as  refers  to  the  said  Reconstruction  Acts,  shall  not  be 
required  of  such  person,  so  pardoned,  to  entitle  him  to  be 
registered. 

Sec.  4.  Xo  person  shall  be  eligible  to  any  office  of  profit  or 
trust,  or  to  any  office  in  the  militia  of  this  State,  who  is  not  a 
qualified  elector. 

Sec.  5.  No  person  shall  ever  be  eligible  to  the  office  of  Gov- 
ernor. Lieutenant  Governor,  Secretary  of  State,  State  Treas- 
urer, Auditor  of  Public  Accounts,  Superintendent  of  Public 
Instruction,  or  to  the  office  of  Judge  of  the  Supreme  Court,  or 
to  a  seat  in  either  branch  of  the  Legislature  of  this  State,  who 
ever  held  any  office  of  profit  or  trust,  civil  or  military,  by  elec- 
tion or  appointment,  under  the  late  so-called  Confederate 
States  Goverernment,  or  who  ever  voluntarily  bore  arms 
against  the  United  States,  or  aided  and  abetted  the  said  Con- 
federate Government  in  any  maimer. 

Report  received,  and  one  hundred  copies  ordered  to  lie 
printed. 

Mr.  Compton  moved  to  suspend  the  rules,  to  take  action  on 
a  communication  read  for  the  information  of  the  Convention; 
Which  was  lost. 

Mr.  Gibbs  moved  to  suspend  the  rules,  that  he  might  intro- 
duce a  resolution; 
Which  was  lost. 

Mr.  Cunningham  moved  to  suspend  the  rules  and  take  up  the 
report  of  the  committee  on  Education; 
Which  was  carried. 

And  the  rules  were  suspended,  and  the  Convention  pro- 
ceeded to  the  further  consideration  of  the  report  of  the 
committee  on  Education. 

Section  7 : 

Mr.  Conley  offered  to  amend  the  section  as  follows : 


324 


Strike  out  the  words  "  two  dollars,"  in  the  third  line,  and 
insert  the  words  "  fifty  cents;"  and  strike  out  all  after  the 
word  "  fund,"  in  the  fourth  line. 

Mr.  Beam  moved  to  amend  the  section  as  follows : 
Strike  out  all  after  the  word  "  the,"  and  insert  the  follow- 
ing: "Legislature  may  levy  a  poll-tax  not  to  exceed  one  dollar 
per  capita,  for  the  purpose  of  creating  a  common  school  fund, 
and  for  no  other  purposes." 

A  motion  to  lay  on  the  table  was  lost. 
»  And  the  amendment  to  the  amendment  was  lost; 

And  the  amendment  of  Mr.  Conley  was  laid  on  the  table, 
Mr.  Field  moved  to  amend  the  section  as  follows: 
Strike  out  the  words  "  and  for  no  other  purposes." 
Mr.  Townsend  moved  to  amend  the  section  as  follows : 
Insert  at  the  close  of  the  section,  the  following:  Provided, 
That  no  poll-tax  shall  be  levied  upon  any  person  who  may 
be  disqualified  to  hold  office  under  the  Constitution  of  this 
State; 

Which  was  laid  on  the  table. 

The  previous  called,  call  sustained; 

And  the  amendment  of  Mr.  Field  was  lost. 

And  section  7  was  adopted,  as  printed,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Bridges,  Brinson,  Caldwell 
Castello,  Chapman,  Chappell,  Clarke,  Comb  ash,  Dowd,  Drane, 
Elliott  James,  Fawn,  Handy,  Hauser,  Herbert,  Howe,  Jacobs, 
Johnson  A.,  Jones,  Lawson,  Leas,  Leonard,  Mayson,  Moore, 
Myers,  McKee,  McKnight,  Newsom,  Ozanne,  Parsons  J.  R., 
Peyton  E.  A.,  Peyton  E.  G.,  Quinn,  Railsback,  Richardson, 
Smith,  Stewart,  Stovall,  Stringer,  Toy,  Vaughan,  Warren, 
Weir,  Woodmansee,  and  Yeoman — 47. 

Nays — Messrs.  Ballard,  Barry,  Beam,  Bonney,  Compton, 
Conley,  Dalton,  Field,  Gibbs,  Goss,  Hemming  way,  Johnson  S.5 
Montgomery,  Parsons  F.,  Townsend,  and  Walker — 16. 

Section  7  reads  as  follows: 

Section  7.  The  General  Assembly  may  levy  a  poll-tax  not  to 
exceed  two  dollars  per  capita  in  aid  of  the  school  fund,  and  for 
no  other  purpose. 

Mr.  Gibbs  moved  to  reconsider  the  vote  adopting  section  5, 

The  previous  question  was  called,  call  sustained; 
*  And  the  motion  to  reconsider  was  carried. 

Section  5: 

Mr.  Castello  moved  to  amend  as  follows : 

Insert  after  the  word  "  a,"  the  word  "  public,"  and  after  the 
word  "school,"  in  first  line,  the  words  "or  shools;" 

And  insert  after  the  word  "  such,"  in  5th  line,  the  words 
"  schools  or." 

Mr.  Cunningham  moved  the  previous  question; 

Which  was  sustained. 

And  the  amendment  of  Mr.  Castello  was  adopted  by  the  fol- 
lowing vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Beam,  Bonney,  Bridges, 
Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Com- 


325 


bash,  Conley,  Cunningham,  Dowd,  Drane,  Elliott  James,  Fawn, 
Field,  Hand\T,  Hauser,  Howe,  Jacobs,  Johnson,  S.,  Johnson 
A.,  Lawson,"  Leas,  Leonard,  May  son,  Moore,  Myers,  McKee, 
McKnight,  Ozanne,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G., 
Quinn,  Railsback,  Richardson,  Smith,  Stewart,  Stites,  Stovall, 
Stringer,  Stiles,  Toy,  Vaughan,  Warren,  Weir,  Woodmansee, 
Yeoman — 53. 

Nays — Messrs.  Alder  son,  Barry,  Compton,  Dalton,  Gibbs, 
Goss,  Hemniingway,  Jones,  Montgomeiy,  Parsons  F,,  Town- 
send—  1L 

And  section  5  was  adopted  as  amended,  and  reads  as  follows: 
Sec.  5.  A  public  school  or  schools  shall  be  maintained  in 
each  school  district  at  least  four  months  in  each  year.  Any 
school  district  neglecting  to  maintain  such  school  or  schools 
shall  be  deprived  that  year  of  its  proportion  of  the  income  ot 
the  free  school  fund  and  of  all  funds  arising  from  taxes  for  the 
support  of  schools. 
Section  6: 

Mr.  Parsons,  of  Adams,  moved  to  reconsider  the  vote  adopt- 
ing section  6  yesterday; 
Which  was  lost. 
Section  8: 

Mr.  Parsons,  of  Adams,  moved  to  strike  cut  section  8; 
Which  was  carried. 
Section  Q.- 
Mr. Alderson  moved  to  amend  the  section  as  follows: 
In  fourth  line,  after  the  word  "  college,"  insert  the  words 

"  or  colleges." 

Mr.  Weir  moved  to  amend  the  section  as  follows: 

Insert  at  the  end  of  the  section,  the  words  "  in  each  school 

district; 

Which  was  lost. 

Mr.  Cunningham  moved  to  amend  section  9  as  follows : 
Strike  out  the  words  "  agricultural  college,"  in  the  fourth 
line,  and  insert  the  words  "  House  of  Refuge,  on  the  plan  of 
the  House  of  Refuge  of  the  State  of  Pennsylvania;" 
Which  was  laid  gu  the  table. 
And  the  amendment  of  Mr.  Alder  son  was  lost. 
And  section  9  was  adopted  as  amended,  and  reads  as  follows : 
Sec.  9.  The  Legislature  shall,  as  soon  as  practicable,  provide 
for  the  establishment  of  an  Agricultural  College,  and  shall  appro- 
priate the  two  hundred  and  ten  thousand  acres  of  land  dona- 
ted to  the  State  for  the  support  of  such  a  college  by  the  Act  of 
Congress,  passed  July  2,  1865,  or  the  moaey  or  scrips,  as  the 
esse  ruay  be,  arising  from  the  sale  of  said  lands  or  an}T  lands 
which  may  hereafter  be  granted,  or  appropriated  for  such  pur- 
pose. 

Section  10  was  adopted  as  printed,  and  reads  as  follows: 
Sec.  10.  No  religious  sect  or  sects  shall  ever  control  any  part 
of  the  school  or  university  funds  of  this  State. 
Section  11: 

3Ir,  Compton  moved  to  amend  as  follows; 


326 


Strike  out  the  word  "  shall,"  in  the  second  line,  and  insert 
the  word  "may,"  and  insert  between  the  words  "  State"  and 
"  for,"  in  the  eighth  line,  the  words  "  if  necessary." 

Mr.  Gibbs  moved  to  indefinitely  postpone  the  consideration 
of  section  11  and  amendments; 

Which  was  laid  on  the  table. 

Mr.  Gibbs  moved  to  recommit  the  section  to  the  committee ; 
Which  was  laid  on  the  table. 

Mr.  Cunningham  moved  to  amend  the  section  as  follows : 
Strike  out  all  after  the  word  "  ages,"  in  the  twenty-eighth 
line. 

A  motion  to  lay  on  the  table  was  lost. 

And  the  amendment  of  Mr.  Cunningham  was  adopted. 

Mr.  Parsons,  of  Adams,  moved  to  amend  as  follows : 

Strike  out  all  after  the  words  "  section  11,"  and  insert  the 
following  "  the  Legislature  shall,  from  time  to  time,  as  may  be 
necessary,  provide  for  the  levy  and  collection  of  such  taxes  as 
may  be  required  to  properly  support  the  system  of  free  schools 
herein  adopted. 

The  Convention  adjourned  until  3  o'clock  this  evening. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Clarke,  Compton,  Conley,  Cunningham,  Dalton,  Dowd,  Drane, 
Fawn,  Gibbs,  Goss,  Handy,  Hauser,  Hemmingway,  Holland, 
Howe,  Jacobs,  Johnson  A.,  Johnson  S.,  Jones,  Lawson,  Leas, 
Leonard,  Montgomery,  Myers,  McKee,  McKnight,  Newsom, 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G., 
Quinn,  Rails  back,  Richardson,  Smith,  Stewart,  Stovall,  Stringer, 
Stiles,  Townsend,  Toy,  Warren,  and  Yeoman — 56, 

The  following  delegates  were  absent : 

Messrs.  Collins,  Combash,  Elliott  John,  Field,  Fitzhugh, 
Gaither,  Gray,  Herbert,  Hutto,  Jamison,  Kerr,  Lack,  Longmire, 
Mayson,  Mask,  Miles,  Morgan,  Mygatt,  McCutchen,  Neilson, 
Nelms,  Orr,  Phillips,  Powell,  Rainey,  Stites,  Stricklin,  Vaughan, 
Walker,  Watson,  Weir,  Williams,  and  Woodman  see — 34. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  committee  on  Education. 

Mr.  Compton  moved  to  lay  the  amendment  of  Mr.  Parsons 
on  the  table; 

Which  was  lost. 

And  the  amendment  of  Mr.  Parsons  was  adopted. 
Mr.  Castello  moved  to  hiy  the  amendment  as  amended  on 
the  table; 

Which  was  lost. 

Mr.  Parsons,  of  Adams,  moved  the  adoption  of  section  11  as 
amended,  which  reads  as  follows : 


327 


Section"  11.  The  Legislature  shall,  from  time  to  time,  as  may 
be  necessary,  provide  for  the  levy  and  collection  of  such  tax 
as  matv  be  required  to  properly  support  the  system  of  free 
schools  herein  adopted. 

And  the  section  was  adopted,  by  the  following  vote  : 

Yeas — Messrs.  Alderson,  Alcorn.  Barry,  Beam,  Bonney, 
Bridges.  Brinson,  Caldwell.  Chapman,  Cunningham,  Elliott 
•James,  Fawn.  Field.  Gibbs,  Goss,  Handy,  Jacobs,  Johnson  A... 
Johnson  S.,  Jones.  Leas,  Leonard,  Mayson,  Moore,  Myers,  Mc- 
Kee,  McKnight.  Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  P.. 
Peyton  E.  G-..  Quinn.  Railsbaek.  Richardson.  Smith.  Stites. 
Stovall,  Stringer,  Stiles,  Toy.  and  Warren — 42. 

Nays — Messrs.  Ballard.  Clarke,  Compton.  Conley,  Dalton. 
Dowd,  Drane,  Hemmingway,  Howe,  Lawson.  Montgomery, 
Peyton  E.  A.,  Stewart.  Townsend,  Weir,  and  Yeoman — 16. 

Section  12 : 

The  following  was  proposed  by  Mr.  Castello  as  an  additional 
section : 

Section  — .  Xo  part  of  the  public  school  fund  shall  ever  be 
invested  in  the  State  stocks  or  bonds,  or  obligations  of  this  or 
any  other  State,  or  of  any  county,  city,  town  or  corporation. 
Any  moneys  which  now  or  hereafter  may  belong  to  the  School 
Fund  may  be  loaned  upon  good  and  sufficient  unincumbered 
real  estate. 

Mr.  McKee  moved  to  strike  out  all  after  the  word  "  corpor- 
ation;'5 which  was  lost. 
And  the  section  ottered  by  Mr.  Castello  was  lost, 
Mr.  Dowd  offered  the  following  as  an  additional  section: 
Section  — .  Be  it  further  provided.  That  no  person  who 
fails  or  refuses  to  pay  the  tax  herein  levied  shall  be  permitted 
to  vote  at  any  election  in  the  State. 
Amotion  to  lay  on  the  table  Avas  lost. 
Mr.  Compton  offered  the  following: 

Provided.  That  no  tax  shall  be  levied  on  any  person  who 
shall  not  be  an  elector  under  the  Constitution  of  this  State: 
Which  was  laid  on  the  table. 
Mr.  Stovall  offered  the  following". 

Amend  by  inserting  the  words.  "  that  they  shall  not  vote 
after  the  year  IS 70.  unless  they  satisfy  the  judges  of  election 
that  they  have  paid  their  taxes  the  year  preceding;" 

Which  was  laid  on  the  table. 

A  motion  to  adjourn  was  lost. 

And  the  section  proposed  by  Mr.  Dowd  was  lost. 

Mr.  Clarke  moved  that  two  hundred  copies  of  the  report  of 
the  Educational  and  Executive  Committees  be  printed  for  the 
use  of  the  Convention:   which  was  carried. 

Mr,  Parsons,  of  Adams,  moved  to  refer  a  communication 
from  Headquarters.  Fourth  Military  District,  inclosing  the 
account  of  the  Deputy  Sheriffs  of  Monroe  county  to  the 
Finance  Committee:  which  was  carried. 

Convention  adjourned  until  to-morrow  morning  at  9  o'clock. 

T.  P.  Sears. 
Secretary. 


328 


FIFTY-SIXTH  DAY. 

Jackson,  Miss.,  Wednesday,  March  11th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonne}T,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Compton,  Cunningham,  Conley,  Dalton,  Drane, 
Dowd,  Elliott  James,  Fawn,  Field,  Gibbs,  Goss,  Gray,  Handy, 
Hauser,  Hemmingway,  Howe,  Jacobs,  Johnson  A.,  Johnson  S., 
Jones,  Kerr,  Lawson,  Leas,  Leonard,  Mayson,  Montgomery, 
Miles,  Moore,  Myers,  Mygatt,  McKee,  McKnight,  Newsom, 
Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Quinn, 
Railsback,  Richardson,  Smith,  Stewart,  Stites,  Stovall,  Stringer, 
Stiles,  Toy,Yaughan,  Walker,  Warren,  Weir,  Woodmansee,  and 
Yeoman — 67. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Com  bash,  Elliott  John,  Fitzhugh,  Gaither, 
Herbert,  Holland,  Hutto,  Jamison,  Lack,  Longmire,  Mask, 
Musgrove,  Morgan,  McCutchen,  Neilson,  Nelms,  Nesbitt,  Orr, 
Ozanne,  Phillips,  Powell,  Rainey,  Stricklin,  Townsend,  Wat- 
son, Williams — 27. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  named  del- 
egates for  the  period  affixed  to  their  names : 

Mr.  John  Elliott,  for  ten  days;  Mr.  Townsend,  for  twenty- 
four  hours;  Mr.  Mask,  for  seven  days;  Mr.  Weir,  for  ten  days; 
Mr.  Ozanne,  for  five  days;  Mr.  Musgrove,  for  live  days;  Mr. 
Combash,  for  two  days. 

The  committee  on  Enrollment  announced  that  they  had  no 
further  use  for  the  services  of  their  clerk. 

Mr.  Chapman  moved  to  suspend  tire  rules  to  enable  him  to 
introduce  a  communication; 

Which  was  carried. 

To  the  Honorable  President  and  Gentlemen  of  the  Convention: 

In  accordance  with  your  request  I  submit  the  following  state- 
ments upon  the  subject  of  levees : 

This  subject  is  perhaps  of  as  much  importance  as  any  of 
which  we,  as  delegates  to  this  Convention,  will  have  to  deliberate 
upon,  and  will  require  much  earnest  and  profound  meditation. 
We  should  look  to  the  past  efforts  which  have  been  made  to 
keep  the  water  from  covering  the  Mississippi  valley,  and  we 
should  note  the  success  or  the  failure  of  those  efforts.  Then 
we  should  look  to  the  present  and  the  future,  and  see  if  any 
improvements  can  be  made  in  the  system  of  levjTing  which 
will  promise  greater  and  more  beneficial  results. 


329 


Then  permit  me  to  point  out  some  of  the  defects  and  incon- 
sistencies in  the  old  system  of  levying  and  recommend  a  new 
system  more  in  accordance  with  reason  and  common  sense. 

"When  the  Mississippi  river,  at  the  command  of  the  Creator, 
came  into  existence  and  took  up  its  meandering  course  through 
the  valley,  it  is  but  reasonable  to  suppose  that  it  took  for  its 
bed  the  lowest  place  in  the  valley.  As  time  rolled  on  and  the 
annual  floods  came  down  from  the  mountains  of  the  great 
Northwest,  alluvial  deposits  were  left  on  the  banks.  Also,  de- 
posits were  left  in  the  bed  of  the  river,  and  the  river  became 
elevated  thereby.  The  bed  of  the  river  becomes  elevated  in 
proportion  to  the  deposits  made  on  the  banks.  This  process 
has  been  2'oino;  on  from  the  beo-innino;  of  time,  and  now  we 
find  the  Mississippi  river  on  a  ridge  twenty  or  thirty  feet  above 
where  it  originally  stood,  or  above  the  surrounding  valley. 
Every  year  the  evil  is  increasing,  and,  in  my  opinion,  the  pres- 
ent S}Tstem  of  levying  has  materially  increased  the  difficulty. 
Unless  something  can  be  done,  and  that  very  speedily.  I  fear, 
ere  long,  that  the  Mississippi  river  will  leap  from  its  elevated 
position  and  take  a  new  and  less  elevated  bed,  leaving  Yicks- 
burg,  Natchez  and  New  Orleans  far  from  steamboat  navi- 
gation. The  disastrous  consequences  to  this  State,  and  also  to 
Louisiana,  in  case  that  event  should  occur.  I  need  not  at  this  time 
explain. 

When  the  water  is  high,  the  bed  of  the  river  fills  up;  but 
when  it  is  low,  the  channel  wears  deeper.  Every  steamboat 
man  is  well  aware  of  this  fact.  Also,  when  the  water  is  high, 
the  banks  cave  in,  and  drift-wood  and  snags  are  carried  into 
the  river,  which  is  not  the  case  when  the  water  is  low. 

Now  let  us  look  to  the  manner  in  which  the  levees  were  built. 
The  originators  of  the  present  system,  not  only  endeavored  to 
heap  up  the  water  on  a  ridge,  but  they  nearly  dammed  up  the 
valley.  From  high  water  mark,  one  mile  south  of  the  city  of 
Vicksburg,  west,  to  Bayou  Mason  hills.  Louisiana,  is  about 
forty  miles.  Thirty-nine  miles  of  this  distance  has  been  pro- 
tected by  a  levee,  and  only  one  mile  left  open  for  all  of  the 
many  waters  to  pass.  The  levee  does  not  run  direct  to  Bayou 
Mason  hills,  but  the  effect  upon  the  valley  is  precisely  the 
same  as  though  it  did.  If  we  construct  a  dam  thirty-nine- 
fortieths  of  the  way  across  a  river,  and  leave  only  one-tortieth 
of  the  distance,  for  the  water  to  pass,  inundation  above  will  be 
inevitable.  Again,  if  we  take  a  glance  at  Red  river  and  vicin- 
ity we  will  find  another  dam  across  the  valley  from  east  to  west. 
From  high  water  mark  in  Mississippi,  west,  by  the  mouth  of 
Red  river,  to  high  water  mark  in  Louisiana  is  not  less  than 
one  hundred  and  fifty  miles.  Only  one  mile  of  all  this  dis- 
tance is  left  open  for  water  to  pass.  Now  the  effect  produced 
by  these  dams  is  to  retard  the  water  and  cause  extensive  inun- 
dations above. 

Before  the  levees  were  built  there  were  man}*  natural  outlets 
where  water  used  to  pass  out  into  other  streams,  and  pass  oft 
other  ways  to  the  Gulf.    But  they  have  been  closed  up  and. 


330 


consequently,  the  water  is  retarded  and  accumulates  in  the  val- 
ley, and  everything  is  overflowed. 

Below  the  mouth  of  Red  river,  on  the  west  side,  before  the 
levees  were  built,  the  water  passed  out,  when  the  water  was 
high,  into  the  Atchafalaya  river,  Bayou  Plaquemine,  and  Baj^ou 
Lafourche,  and  so  on  to  the  Gulf.  On  the  east  side,  the  water 
passed  into  the  Iberville  on  its  way  to  Lake  Pontchartrain. 
Before  these  streams  were  closed  by  levees  when  a  freshet 
raised  the  river  at  Baton  Rouge  thirty  feet,  it  raised  it  at  New 
Orleans  only  twelve  feet. 

In  view  of  these  facts,  it  will  be  perceived  that  the  old 
system  of  levying  increases  the  difficulty.  It  will  be  seen 
that  millions  have  been  spent  with  no  good  results,  and  that 
the  old  system  of  levying  is  a  failure. 

Now  comes  the  question,  what  course  can  we  pursue  which 
will  remedy  the  evil.  Let  us  examine  the  matter  carefully, 
and  see  if  there  is  not  a  better  system  which  we  can  adopt  in 
the  future.    The  system  of  outletting  has  had  many  advocates. 

If  we  examine  a  map  of  Mississippi  and  Louisiana,  we  see  nu- 
merous streams  on  either  side  running  nearly  parallel  with  the 
Mississippi  river.  The  source  of  these  streams  are  contiguous 
to  the  river.  They  run  away  from  it,  and  originally  were 
outlets  from  the  river  in  high  water.  I  am  informed  by  reliable 
authority  that  these  side  streams  are  from  twenty  to  thirty  feet 
below  the  banks  of  the  Mississippi  river.  This  being  the  case, 
it  will  be  an  easy  matter  to  let  water  out  into  them. 

But  there  are  objections  to  this  plan.  It  might  overflow 
country  which  is  now  secure.  It  might  turn  the  river  from 
its  present  channel.  It  might  destroy  steamboat  navigation. 
It  might  do  all  these,  but  I  believe  there  is  a  remedy  for  them 
all.  It  will  never  do,  and  the  idea  is  never  to  be  entertained, 
to  cut  channels  from  the  river  to  these  side  streams  without 
some  safeguard  to  control  the  water  in  its  passage  from  the 
river.  I  propose  as  a  remedy,  and  the  idea  is  original  with 
myself,  to  establish  flood  gates  at  every  outlet  to  control  the 
water  in  its  exit.  These  flood  gates  I  would  have  built  of  the 
most  durable  masonry,  and  set  securely  on  a  pile  foundation. 
They  should  be  located  at  some  distance  from  the  river  to 
prevent  them  from  caving  in.  The  pressure  of  water  upon 
these  gates  will  be  very  great,  provided  they  are  made  twent}7 
feet  high,  which  I  propose  to  make  them.  But  I  believe  they 
can  be  made  of  sufficient  strength  to  stand  the  pressure.  Each 
gate  cannot  be  made  more  than  fifteen  feet  wide — they  cannot 
be  controlled  at  a  greater  width.  At  that  width,  by  aid  of  the 
inclined  plane  and  and  compound  lever,  they  can  be  opened 
and  closed  by  four  men.  If  it  is  necessary  to  use  more  than 
fifteen  feet,  several  gates  can  be  set  side  by  side. 

I  regret  exceedingly  that  I  have  not  time  to  construct  a 
model  of  these  proposed  gates  to  present  to  the  Convention  for 
it  3  consideration. 

Now  suppose  the  width  of  the  Mississippi  river  to  be  one 
mile,  and  supposing  all  the  gates  in  operation  to  be  the  same 


331 


width,  and  suppose  that  out  of  these  gates  is  running  five  or 
ten  feet  of  water.  Is  it  not  clear  to  every  mind  that  the  river 
will  be  lowered  in  proportion  to  the  depth  of  water  running- 
out  of  the  gates  ?  I  recommend  the  establishment  of  gates  to 
guard  against  accidents  which  might  occur  if  they  were  not 
established.  I  consider  that  the  S}'stem  of  outletting  should 
not  be  attempted  or  even  thought  of,  except  in  connection  with 
these  gates. 

My  plan  for  future  operations  is  this:  I  would  commence 
with  the  mouth  of  the  Mississippi  river.  I  would  dredge  and 
open  every  outlet.  I  would  open  every  lagoon  in  southern 
Louisiana.  I  would  remove  all  obstructions  from  all  the 
bayous  and  side  streams  in  the  valley.  I  would  also  levee 
these  side  streams  and  make  them  conduct  the  largest  amount 
of  water  possible.  And  I  believe  they  are  able  to  conduct  an 
amount  of  water  equal  to  that  conducted  by  the  Mississippi 
river.  Then  I  would  cut  the  old  levee  and  make  an  outlet 
from  the  river  to  these  side  streams  and  establish  gates.  This 
cannot  be  done  all  at  a  time,  but  I  would  begin  at  the  Gulf  and 
complete  a  section  each  year  until  all  is  completed. 

This  process  when  completed,  would  increase  the  motion 
of  the  current,  so  that  twice  or  three  times  the  amount 
of  water  would  pass  a  given  point  in  twenty-four  hours  that 
now  passes. 

We  frequently  hear  the  remark  made,  that  we  have  greater 
floods  now  than  we  used  to  have.  In  my  opinion,  the  floods 
are  no  greater  now  than  they  were  formerly.  It  is  because  the 
natural  outlets  have  been  obstructed  by  levees.  In  the  first 
days  of  levying,  a  levee  along  the  river  four  feet  high  was 
deemed  sufficient;  but  now,  one  twelve  feet  high  is  not  equal 
to  the  task — for  last  spring  the  water  ran  smooth  over  the  top 
of  the  present  levee,  which  I  believe  was  built  twelve  feet  high. 
It  would  be  the  hight  of  foll}T  to  spend  any  more  time  or 
money  to  repair  or  build  the  old  levee  higher. 

Now  suppose  this  new  plan  to  be  completed  and  in  working 
order,  then  as  the  water  rises  in  the  river  in  the  fall  of  the 
year,  when  it  comes  up  to  the  bottom  of  the  gates,  which  is 
twenty  feet  within  the  banks,  it  begins  to  run  out  of  the  gates. 
By  the  aid  of  the  gates,  I  am  satisfied  that  the  river  can  be 
kept  at  least  fifteen  feet  within  the  banks  until  the  main  rise 
of  spring  shall  come  on;  then  when  it  does  come,  this  vacancy 
in  the  river  has  to  be  filled,  and  by  aid  of  the  flood-gatesT  con- 
tend that  all  the  waier  can  be  conducted  safely  away.  The  ad- 
vantages of  this  plan  are,  that  they  create  a  vacancy  in  the 
river,  and  make  room  to  receive  the  spring  flood.  This  plan 
commences  operations  two  or  three  months  before  the  main 
rise  comes  on,  or  as  soon  as  the  water  is  high  enough  to  run 
through  the  gates. 

When  the  river  is  up  even  with  its  banks  in  February  and 
March,  then  as  the  spring  flood  comes  on,  nothing  can  prevent 
a  general  overflow.  But  when  it  is  twenty  feet  within  its 
banks  in  February  and  March,  there  is  never  an  overflow  the 


332 


coming  spring.  At  the  present  time  the  Mississippi  river  is 
twenty  feet,  at  least,  within  its  banks,  and  I  now  predict  no 
overflow  next  spring.  There  is  a  vacancy  now  in  the  river, 
and  there  will  not  be  water  enough  to  overflow  its  banks  to 
any  extent  the  coming  season.  This  is  what  I  propose  to  do: 
that  is,  to  create  a  vacancy  in  the  river  every  year,  which  I  be- 
lieve will  retrieve  the  beautiful  valley  of  the  Mississippi  for 
all  coming  time. 

I  am  told  that  the  Missouri  river,  at  its  bend,  near  the 
British  Possessions,  can  be  turned  into  the  Mouse  and  Assine- 
boine  rivers  and  carried  into  Lake  Winnipeg,  which  would  relieve 
us  from  what  is  known  as  the  June  rise.  The  Arkansas  river 
can  be  turned  into  Bayou  Bartholomew,  and  so  on  into  the 
Ouachita  river.  Red  river  can  be  turned  into  the  Sabine 
river,  and  from  there  into  the  Gulf. 

By  establishing  gates,  which  can  be  opened  or  closed  at 
pleasure,  all  these  rivers  can  be  turned  from  their  present 
channels  for  the  time,  and  when  the  danger  is  over  they  can  be 
closed,  and  navigation  will  continue  in  all  of  them  as  hereto- 
fore. 

Could  this  most  desired  object  be  accomplished,  I  believe  it 
would  be  a  complete  remedy  for  this  great  evil,  and  then  near- 
ly every  acre  in  the  great  valley  could  be  cultivated;  and  by 
American  energy,  the  valley  of  the  Mississippi  would  be- 
come the  garden  of  the  world. 

There  are  many  other  weighty  considerations  connected 
with  this  subject  of  which  time  and  space  will  not 
permit  me  to  notice. 

This  enterprise  is  of  such  magnitude,  that  Mississippi  and 
Louisiana  together  cannot  accomplish  the  undertaking;  it  can 
only  be  accomplished  by  the  aid  of  the  General  Government. 
This  great  work  should  be  carried  on  as  a  national  enterprise. 
We  should  at  once  lay  the  facts  concerning  this  subject  before 
Congress  and  invoke  their  aid. 

But  I  am  admonished,  in  view  of  our  sins  !  We  have  grieved 
the  Spirit,  and  I  am  satisfied  that  Congress  will  not  vote  a 
dollor  to  rebuild  our  levees  until  loj^alty  in  this  State  shall  be 
at  par.  At  the  present  time  disloyalty  is  at  a  premium,  while 
loyalty  is  at  a  fearful  discount. 

Had  it  been  otherwise,  thousands  of  idle  men  might  have 
been  emplojTed  on  the  levees  during  the  present  winter,  and 
tens  of  thousands  of  dollars  would  have  been  spent  in  our 
midst,  which  would  have  greatly  relieved  our  financial  distress. 

The  course  taken  by  the  press  of  this  State  tends  to  stop  all 
improvements  and  all  enterprise.  Its  course  discourages  im- 
migration, drives  away  those  who  come  among  us,  instead  of 
encouraging  men  to  stay  here  by  treating  them  kindly,  and 
making  it  pleasant  and  agreeable,  and  making  inducements  for 
them  to  remain  here;  these  editors  malign  and  abuse  all  who 
come  here,  unless  they  shut  their  mouths  and  consent  to  become 
their  slaves.  Men  who  have  breathed  the  free  and  loyal  air 
of  the  North  will  speak  their  sentiments,  for  it  is  their  right 


333 


Had  the  Northwestern  States  adopted  the  policy  adopted 
here,  they  would  not  have  been  as  great  and  prosperous  as 
they  now  are.  Freedom  of  speech  is  guaranteed  to  every  one 
who  comes  among  them.  Instead  of  scandalizing,  and  threat- 
ening to  shoot  them  down  like  dogs,  they  extend  the  hand  of 
friendship  to  all  new-comers.  There  are  no  carpet-baggers  and 
scalawags  up  there.  Here  we  have  the  dog-in-the-manger 
policy,  which  will  ruin  any  country.  About  two  years  more  of 
this  policy  will  bring  starvation  to  our  doors,  in  a  way  that  will 
bring  us  to  our  senses.  Our  white  population  is  decreasing 
every  year  under  this  suicidal  policy.  Thousands  have  gone 
forever  from  our  State  since  the  close  of  the  war,  and  if  this 
demagogue  policy  continues,  very  soon  there  will  not  be 
white  men  enough  left  to  black  the  negros'  boots.  Men  and 
money  go  together,  whether  they  go  to  or  from  a  State.  Mil- 
lions of  money  has  been  withheld  from  this  State,  because  our 
people  are  not  willing  to  live,  and  let  live. 

Newspaper  editors  are  directly  responsible  for  this  state  of 
affairs.  They  control  public  opinion.  Their  papers  are  filled 
with  misrepresentations  in  regard  to  the  northern  people.  The 
masses  of  our  people  read  and  believe  what  the}7  say,  the  same 
as  they  did  in  secession  times;  hence  this  unsettled  state  of 
things. 

Now,  if  this  country  is  ever  redeemed,  and  the  great  work  of 
rebuilding  the  levees  is  ever  accomplished,  it  will  be  done  by 
northern  energy  and  northern  capital.  The  great  Republican 
party,  the  only  party  of  enterprise  in  America,  is  readj7  and 
willing  to  rebuild  our  levees,  and  we  should  meet  them  half 
way,  and  extend  the' hand  of  fellowship,  and  grant  them  the 
same  privileges  we  enjoy, 

Unless  something  is  speedily  done,  the  beautiful  valley  of 
the  Mississippi  will  become  a  blank,  and  our  State  a  barren 
waste.  '  Then  our  first  duty  is  to  make  every  effort  in  our 
power  to  gain  favor,  and  renew  our  relations  with  the  North, 
by  carrying  our  State  back  into  the  Union.  When  that  is  ac- 
complished we  can  repair  our  wasted  fortunes. 

Respectfully,  submitted, 

Carlos  Chapman, 
Delegate  from  Simpson  and  Covington  Counties, 

Jackson,  Miss.,  February  21,  1868. 

Mr.  Alcorn  moved  to  postpone  the  communication  indefi- 
nitely; 

Which  was  laid  on  the  table. 

And  after  discussion  had  thereon,  the  communication  was 
referred  to  the  committee  on  Internal  Improvements. 
Mr.  Stringer,  of  Warren,  offered  the  following : 
Resolved,  That  all  persons  who  are  now,  and  have  heretofore 
lived  and  cohabited  together  as  husband  and  wife,  shall  be 
taken  and  held,  in  law,  as  legally  married,  and  their  issue  shall 
be  taken  and  held  as  legitimate  for  all  purposes  in  law,  and 
that  concubinage  and  adultery  are  prohibited  in  this  State. 


334 


Resolved,  That  this  shall  be  an  article  of  the  Constitution  of 
this  State. 

Referred  to  the  committee  on  Legislative  Department. 
Mr.  Richardson  offered  the  following: 

Whereas,  It  is  clear  that  every  elfort,  no  matter  how 
humiliating  the  dodge  may  be,  by  the  copper-heads,  so-called, 
democracy,  to  defeat  the  ratification  of  the  Constitution  now 
being  framed  in  the  Capitol,  by  the  Constitutional  Convention, 
acting  under  the  power  and  instructions  of  the  Reconstruction 
Acts  of  Congress;  therefore,  be  it 

Resolved,  That  all  voters  voting  on  the  ratification  of  the 
above  Constitution  be,  and  are  hereby  required  to  take  and 
subscribe  an  oath  that  they  have  not  endeavored  to  prevent  or 
dissuade  any  voter  from  voting  on  the  ratification  of  the  Con- 
stitution at  the  election  for  the  same. 

Which  was  referred  to  the  committee  on  Franchise. 

On  motion  of  Mr.  Castello,  the  rules  were  suspended,  and  the 
Convention  proceeded  to  the  consideration  of  the  majority  re- 
port of  the  committee  on  Judiciary. 

Section  1  was  adopted  as  printed,  and  reads  as  follows : 

Section  1.  The  judicial  power  of  this  State  shall  be  vested 
in  one  High  Court  of  Errors  and  Appeals,  and  such  other 
courts  of  law  and  equity  as  are  hereafter  provided  for  in  this 
Constitution. 

Section  2  was  adopted  as  printed,  and  reads  as  follows : 
Sec.  2.  The  High  Court  of  Errors  and  Appeals  shall  consist 
of  three  Judges,  any  two  of  whom,  when  convened,  shall  form 
a  quorum.  The  Legislature  shall  divide  the  State  into  three 
Districts,  and  the  Governor,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall  appoint  one  Judge  for  each  Disirict. 
Section  3: 

Mr.  Field  moved  to  amend  as  follows : 

In  the  3rd  line,  by  inserting  the  word  "four,"  instead  of 
the  word  "  six;1' 

Which  wras  laid  on  the  table. 

Mr  Parsons,  of  Hinds,  moved  to  amend  the  section  as  fol- 
lows : 

In  the  2d  line,  strike  out  the  word  "three,"  and  insert 
the  word  "  two." 

In  the  3d  line,  strike  out  the  word  "  six,"  and  insert 
the  word  "four." 

In  the  4th  line  strike  out  the  word  "nine,"  and  insert  the  word 
"six." 

In  the  5th  line,  strike  out  the  word  "three,"  and  insert 
the  word  "two." 

In  10th  line,  strike  out  the  word  "  nine,"  and  insert  the  word 
"six." 

Mr.  Stiles  moved  to  amend  as  follows: 

Strike  out  after  the  word  "  for,"  in  9th  line  and  insert  the 
word  "life"  or  during  good  behavior;  Provided,  That  the  Judges 


first  elected  or  appointed  under  this  Constitution,  shall  only 
serve  for  the  term  of  four  years;" 

Which  was  laid  on  the  table. 

Previous  question  called,  call  sustained; 

And  the  amendment  of  Mr.  Parsons,  of  Hinds,  was  lost  b} 
the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Beam,  Bonney,  Caldwell, 
Castello,  Conley,  Dalton,  Elliott  James,  Field,  Gibbs,  Goss, 
Hauser,  Jacobs,  Johnson  S„  Johnson  A.,  Mayson,  Miles. 
McKnight,  Newsom,  Parsons  F.,  Parsons  J.  P.,  Peyton  E. 
A.,  Quinn,  Eichardson.  Smith,  Stewart,  Stites,  Woodrnansee 
—29. 

Nats — Messrs.  Ballard,  Bany,  Bridges,   Brinson,  Clarke 
Compton,  Cunningham,  Dowd,  Fawn,  Handy,  Hemrningway. 
Kerr,  Lawson,  Leas,  Leonard,  Montgomery,  Moore,  Myers, 
Mygatt,  McKee,  Peyton   E.    G.,   Kailsback,   Stites,  Stovall. 
Stringer,  To}T,  Yaughan,  Warren,  Yeoman — 29. 
And  section  3  was  adopted  as  printed,  and  reads  as  follows: 
Sec.  3.  The  office  of  one  of  said  J uclges  shall  be  vacated  in 
three  years,  one  in  six  years,  and  one  in  nine  years,  so  that  at 
the  expiration  of  eveiy  three  3-ears,  one  of  said  Judges  shall  be 
appointed  as  aforesaid.    The  term  of  office  of  the  Judges  of 
the  High  Court  of  Errors  and  Apperls  shall  be  nine  years. 
Section  4  was  adopted  as  printed,  and  reads  as  follows: 
Sec.  4.  The  High  Court  of  Errors  and  Appeals  shall  have 
no  jurisdiction  but  such  as  properly  belongs  to  a  Court  of  Er- 
rors and  Appeals. 

Section  5  was  adopted  as  printed,  and  reads  as  follows: 
Sec.  5.  All  vacancies  which  may  occur  in  said  court  from 
death,  resignation,  or  removal,  shall  be  filled  by  appointment  as 
aforesaid;  Provided,  however,  That  if  a  vacanc}T  shall  occur 
during  the  recess  of  the  Legislature,  the  Governor  shall 
appoint  a  successor  who  shall  hold  his  office  till  the  next  meet- 
ing of  the  Legislature. 
Section  6: 

Mr.  Alderson  moved  to  strike  out  the  word  "  five,"  and  insert 
the  word  "  ten,"  in  eleventh  line. 

Mr.  Compton  moved  to  amend  the  amendment  by  striking 
out  the  word  "  ten."  and  inserting  the  word  "  three." 

And  the  amendment  and  the  amendment  to  the  amendment 
were  laid  on  the  table. 

Mr.  Barry  moved  to  amend  the  section  as  follows : 

Strike  out  all  after  the  word  "appointed,"  in  the  tenth  line: 

Which  was  carried. 

And  section  6  was  adopted  as  amended,  and  reads  as  follows : 
Sec.  6.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  High  Court  of  Errors  and  Appeals  who  shall  not  have 
attained  the  age  of  thirty  years  at  the  time  of  his  appointment, 
and  who  shall  not  have  been  for  two  years  immediately  pre- 
ceding a  citizen  of  the  State,  and  six  months  a  resident  of  the 
District  for  which  he  shall  be  appointed. 
Section  7 : 


336 


Mr.  Peyton,  of  Copiah,  moved  to  amend  by  striking  out  the 
seventh  section,  and  inserting  the  following,  to  wit: 

"  The  High  Court  of  Errors  and  Appeals  shall  be  held  twice 
in  each  year,  at  the  seat  of  government,  at  such  times  as  the 
Legislature  may  prescribe;" 

Which  was  adopted. 

And  the  section  was  adopted  as  amended. 

Section  8  was  adopted  as  printed,  and  reads  as  follows : 

Sec*  8.  Immediately  upon  the  first  appointment  of  Judges  as 
aforesaid,  the  Governor,  in  the  presence  of  and  with  the  assist- 
ance of  the  President  of  the  Senate  and  Secretary  of  State, 
shall  determine,  by  lot,  which  of  said  Judges  shall  serve  for 
three  years,  and  which  shall  serve  for  the  term  of  six  years, 
and  v  hich  shall  serve  for  the  term  of  nine  years,  and  it  shall 
be  the  duty  of  the  Governor  to  issue  commissions  accordingly. 

Section  9: 

Mr.  Hauser  moved  that  the  section  be  referred  back  to  the 
Judiciary  Committee,  with  instructions  to  report  a  section  ap- 
plying to  all  courts ; 

Which  was  laid  on  the  table. 

Mr.  Woodmansee  moved  to  amend  first  line  by  striking  out 
the  word  "said"  and  inserting  the  word  "any;" 
Which  was  laid  on  the  table. 

And  section  9  was  adopted  as  printed,  and  reads  as  follows : 
Sec.  9.  No  Judge  of  said  Court  shall  sit  on  the  trial  of  any 
cause  where  the  parties  or  either  of  them  shall  be  connected 
with  him  by  affinity  or  consanguinity,  or  where  he  may  be 
interested  in  the  same,  except  by.  the  consent  of  the  J udges 
and  of  the  parties,  and  whenever  a  quorum  of  said  court  are 
situated  as  aforesaid,  the  Governor  of  the  State  shall  in  such 
cases  specially  commission  two  or  more  men  of  law  knowledge 
for  the  determination  thereof. 
Section  10: 

Mr.  Railsback  moved  to  amend  as  follows: 

Strike  out  all  after  the  word  "  services,  "  in  second  line  to 
the  word  "  during,  "  in  fourth  line,  and  insert  the  words  "  five 
thousand  dollars  per  annum;" 

Which  was  laid  on  the  table. 

Mr.  Stiles  moved  to  amend  as  follows: 

Strike  out  from  the  word  "  services,  "  in  second  line,  to  the 
word  "  not, "  in  the  fourth  line,  and  insert  the  words  "  the  sum 
of  ten  thousand  dollars  per  year,  to  be  paid  semi-annually;" 

Which  was  laid  on  the  table. 

And  section  10  wa,s  adopted  as  printed,  and  reads  as  follows : 
Sec,  10.  The  Judges  of  the  said  Court  shall  receive  for  their 

services,  a  compensation  to  be  fixed  by  law,  which  shall  not  be 

diminished  during  their  continuance  in  office. 
Section  11 : 

Mr.  Hauser  moved  to  strike  out  the  word  "six,"  in  sixth 
line,  and  insert  the  word  "  four;" 
Which  was  laid  on  the  table. 

Mr.  Parsons,  of  Adams,  moved  to  amend  as  follows: 


337 


Strike  out  after  the  word  "  court."  in  second  line,  to  the 
word  "  and.  •"  in  fourth  line,  and  insert  the  words  shall  be 
elected  by  the  qualified  electors  oi  each  judicial  district;'' 

Which  was  laid  on  the  table. 

Mr.  Stiles  moved  to  strike  out  the  word  "  six.  "  and  insert 
the  word  "two.  "  in  sixth  line; 
TThieh  was  laid  on  the  table. 

Mr.  Peyton,  of  Copiah,  moved  to  amend  as  follows : 
The  Legislature,  at  the  first  session  under  this  Constitution- 
shall  divide  the  State  into  convenient  Judicial  districts,  and 
each  district  shall  contain  not  more  than  six  counties,  and  the 
Judges  of  the  Circuit  Courts  shall  be  appointed  by  the  Gov- 
ernor, with  the  advice  and  consent  of  the  Senate,  and  shall  hold 
their  offices  tor  the  term  of  six  years. 

Mr.  Stites  moved  to  amend  the  section  as  follows  : 
Prodded,  That  the  Judges  first  elected  or  appointed  under 
this  Constitution  shall  hold  their  office  for  only  two  years ; 
Which  was  laid  on  the  table. 

And  the  amendment  of  Mr.  Peyton,  of  Copiah,  was  lost. 
Mr.  Vaughan  moved  to  amend  as  follows : 
In  the  fifth  line,  strike  out  the  word  "  six,  "  and  insert  the 
word    ten;  " 

Which  was  laid  on  the  table. 

Mr.  Gibbs  moved  the  previous  question;  which  was  sus- 
tained ; 

And  section  eleven  was  adopted  as  printed,  and  reads  as  fol 
lows : 

Sec.  11.  The  Judges  of  the  Circuit  Court  shall  be  appointed 
by  the  Governor,  with  the  advice  and  consent  of  the  Senate, 
and  shall  hold  their  offices  for  the  term  of  six  years. 

Convention  adjourned  until  3  o'clock. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President.  Messrs.  Alderson.  Alcorn.  Ballard,  Barry, 
Beam.  Bonney,  Brinson,  Caldwell,  Castello,  Chspman,  Clarke, 
Compton,  Conley.  Dalton.  Dowd,  Drane,  Elliott  James,  Fawn. 
Field,  Gibbs,  Goss,  Handy.  Hauser,  Hemmingway,  Jacobs, 
Johnson  S.,  Johnson  A.,  Jones,  Lawson,  Leas,  Leonard,  May- 
son,  Montgomery,  Miles,  Moore,  Myers,  Mygatt.  McKee,  31c- 
Knight,  Parsons  F..  Parsons  J.  R..  Peyton  E.  A.,  Peyton  K. 
G.,  Railsback,  Richardson,  Smith.  Stewart.  Stites,  Stovall, 
Stringer.  Stiles,  Toy,  Vaughan,  Warren,  Woodmanset,  an  1 
Yeoman — 57. 

The  following  delegates  were  absent: 

Messrs.  Bridges.  Chapped.  Collins,  Combash,  Cunningham. 
Elliott  John.  Fitzhugh,  Gaither,  Gray,  Herbert.  Holland,  Howe, 
Hutto,   Jamison,   Kerr.   Lack.  Longmire,   Mask,  Musgrove. 
Morgan,  McCutchen,  Neilson,  Nelms,  Nesbitt,  Newsom,  Orr, 
G — 22 


338 


Ozanne,  Phillips,  Powell,  Quinn,  Painey,  Stricklin,  Townsend, 
Walker,  Watson,  Weir,  Williams— 37. 

Mr.  Compton  moved  to  suspend  the  rules  to  permit  him  to 
introduce  a  resolution; 

Which  was  carried. 

Whereas,  It  is  a  consummation  devoutly  to  be  wished  that 
civil  government  and  good  order  shall  be  speedily  restored  to 
the  people  of  the  United  States;  and 

Whereas,  It  is  desirable  that  as  much  uniformity  shall  exist 
in  the  State  governments  as  their  several  interests  shall  allow ; 
and 

Whereas,  Doubts  seem  to  exist  in  the  minds  of  many  prom- 
inent statesmen,  whether  certain  States  alreadjr  in  the  Union 
have  constitutions  republican  in  their  character;  therefore, 
be  it 

Resolved,  That  a  committee  of  five  be  appointed  by  the 
President  of  this  Convention,  who  shall  prepare  a  memorial  to 
the  Congress  of  the  United  States,  praying  that  body  to  pre- 
scribe a  form  of  Constitution  for  the  government  of  the  several 
States  of  this  Union,  and  enact  that  said  form  of  Constitution 
shall  be  adopted  by  the  said  States,  respectively. 

Mr.  Parsons,  of  Adams,  moved  to  refer  to  the  committee  on 
Contingent  Expenses. 

Mr.  Cunningham  moved  to  lay  on  the  table ; 

Which  was  lost. 

Mr.  McKee  moved  to  indefinitely  postpone. 
The  previous  question  was  called;  call  sustained  ; 
And  the  motion  of  Mr.  McKee  was  carried. 
Mr.  Compton  moved  to  suspend  the  rules  to  permit  him  to 
introduce  a  resolution ; 
Which  was  lost. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  committee  on  the  Judiciary. 
Section  12: 

Mr.  Castello  moved  to  amend  as  follows : 

Strike  out,  in  the  10th  line,  all  after  the  word  "appointed;" 

Which  was  adopted. 

And  section  12  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Section  12.  No  person  shall  be  eligible  to  the  office  of  Judge 
of  the  Circuit  Court,  who  shall  not  at  the  time  of  his  appoint- 
ment, have  attained  the  age  of  twenty-six  years,  and  shall  have 
been  two  years  a  citizen  of  the  State,  and  six  months  an  inhab- 
itant of  the  district  for  which  he  may  have  been  appointed. 

Section  13  was  adopted  as  printed,  and  reads  as  follows: 

Section  13.  The  State  shall  be  divided  into  convenient  judi- 
cial districts,  and  each  district  shall  not  contain  more  than  five 
counties. 

Section  14: 

Mr.  Parsons,  of  Adams,  moved  to  amend  the  section  as  fol- 
lows ; 


339 


Strike  out  the  word  "  fifty,"  and  insert  the  words  "two  hun- 
dred and  fifty." 

Mr.  Castello  moved  to  Jay  on  the  table; 
Which  was  lost. 

Mr.  Compton  moved  the  previous  question,  which  was  sus- 
tained; 

And  the  amendment  of  Mr.  Parsons  was  adopted,  by  the  fol- 
lowing vote: 

.  Yeas — Messrs.  Alderson,  Alcorn,  Beam,  Bonney,  Caldwell, 
Chapman,  Chappell.  Compton,  Conley,  Dalton,  Dowd,  Drane, 
Elliott  James,  Field,  Gibbs,  Goss,  *  Handy,  Hemmingway, 
Jacobs,  Johnson  S.,  Johnson  A.,  Jones,  Leonard,  Mayson, 
Montgomery,  Miles,  Moore,  Myers,  Mygatt,  Newsom,  Parsons 
F.,  Parsons  J.  R,  Peyton  E.  A.,  Quinn,  Railsback,  Smith, 
Stewart,  Stringer,  Toy,  Warren,  Wooclmansee,  Yeoman — 43. 

NAYS-Messrs.  Ballard,  Barry,  Brinson, Castello,  Fawn,  Hauser, 
Leas,  McKee,  McKnight,  Peyton  E.  G.,  Richardson,  Stites,  Sto- 
vall,  Vanghan — 14. 

And  section  14  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Section  14.  Circuit  Courts  shall  have  original  jurisdiction  in 
all  matters,  civil  and  criminal,  within  this  State;  but  in  civil 
cases  only  when  the  principal  of  the  amount  in  controversy  ex- 
ceeds two  hundred  and  fifty  dollars, 

Mr.  Nesbitt  was  granted  leave  of  absence  for  ten  days. 

Mr.  McKee  moved  to  reconsider  the  vote  adopting  section  14. 

A  motion  to  adjourn  was  made  and  withdrawn,  to  permit  a 
suspension  of  the  rules,  to  enable  Mr.  Alcorn  to  introduce  the 
following  account: 

Meridian,  Miss.,  March  1st,  1868. 
Mississippi  Constitutional  Convention, 

To  J.  B.  Smith,  Publisher,  of  Meridian  Chronicle,  Dr. 

March  1.  For  publishing  proceedings  of  the  Conven- 
tion from  the  7th  of  January  to  the  24th  of  Febru- 
ary, forty-six  days  $2,000  00 

To  1,200  copies  of  the  Chronicle,  furnished  the  Con- 
vention, at  10  cents  each   120  00 


Total  $2,120  00 

Which,  on  motion,  was  referred  to  the  committee  on  Print- 
ing. 

Mr.  Alcorn  moved  that  warrants  for  one  thousand  dollars  be 
drawn  in  part  payment  of  the  above  account. 

A  motion  to  lay  on  the  table  was  lost; 

And  the  motion  of  Mr.  Alcorn  was  carried. 

The  Convention  adjourned  until  to-morrow  morning  at  9 
o'clock. 

T.  P.  Sears, 
Secretary. 


340 


FIFTY-SEVENTH  DAY. 

Jackson,  Miss.,  Thursday,  March  12th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry,* 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Compton,  Conley,  Cunningham, 
Dalton,  Dowd,  Drane,  Elliott  James,  Gibbs,  Goss,  Handy, 
Hauser,  Hemmingway,  Jacobs,  Johnson  S.,  Johnson  A.,  Jones, 
Kerr,  Lawson,  Leas,  Leonard,  Mayson,  Montgomery,  Miles, 
Moore,  Myers,  Mygatt,  McKee,  McKnight,  Parsons  F.,  Pey- 
ton E.  A.,  Peyton  E.  G.,  Quinn,  Railsback,  Richardson,  Smith, 
Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy,  Vaughan, 
Walker,  Warren,  Williams,  Woodmansee,  Yeoman — 61. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Elliott  John,  Fawn,  Field,  Fitzhugh,  Gai- 
tlier,  Gray,  Herbert,  Holland,  Howe,  Hutto,  Jamison,  Lack, 
Longmire,  Mask,  Musgrove,  Morgan,  McCutchen,  Neilson, 
Nelms,  Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  J.  R.,  Phillips, 
Powell,  Rainey,  Stricklin,  Town  send,  Watson,  Weir — 33. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  delegates : 

To  Mr.  Morgan,  three  days;  to  Mr.  Howe,  one  day;  to  Mr. 
Newsom,  two  clays;  to  Mr.  Townsend,  two  days;  to  Mr.  Gai- 
ther,  four  days;  to  Mr.  Parsons,  three  days;  to  Mr.  Field,  one 
day;  to  Mr.  Leonard,  four  days. 

Mr.  Railsback  introduced  the  following: 

Besolved,  That  the  Secretary  be  allowed  the  mileage  ol 
members,  and  that  the  Auditor  be,  and  is  heresy  directed,  to 
draw  a  warrant  for  the  same. 

Mr.  Clarke  moved  to  amend,  by  adding  the  words  "the 
Assistant  Secretry  and  Sergeant-at-Arms." 

Mr.  Hauser  moved  to  refer  to  Finance  Committee; 

Which  was  laid  on  the  table. 

Mr.  McKee  moved  to  postpone  indefinitely. 

Mr.  Gibbs  moved  to  lay  on  the  table; 

Which  was  lost. 

And  the  motion  to  indefinitely  postpone  was  lost. 
Mr.  Peyton,  of  Hinds,  moved  to  add  the  words  "  all  the 
assistants." 

Mr.  Stovall  moved  to  refer  the  resolution  and  amendments 
to  a  special  committee  of  three; 
Which  was  carried. 

Mr.  Barry,  of  Holmes,  introduced  the  following  preamble 
and  resolution : 

Whereas,  In  the  present  political  status  of  the  State  of 
Mississippi,  the  scarcity  of  money  and  the  general  indebted- 


341 


ness  of  the  landholders  of  the  State,  it  is  unwise  and  ruinous 
to  the  interests  of  all,  and  detrimental  to  the  future  welfare  of 
the  State,  and  to  the  people,  that  sales' of  bodies  of  lands 
should  be  made  under  executions  for  debt;  therefore,  be  it 

Resolved,  That  a  committee  of  three  be  appointed  to  prepare 
and  report  to  this  bod}-,  an  address  to  be  sent  to  the  Military 
Commander  of  this  District,  requesting  him  to  suspend  such 
executions  until  the  political  condition  of  the  State  and  the 
judicial  affairs  of  the  people  shall  be  improved. 

Mr.  Gibbs  moved  to  refer  to  the  committee  of  fifteen  ap- 
pointed to  prepare  an  ordinance  staying  the  collection  of  debts; 

Which  was  carried. 

Mr.  Eailsback  moved  to  smspend  the  rules  to  take  op  the 
majority  report  of  the  committee  on  Judiciary; 
Which  was  carried. 

Mr.  Barry  moved  to  reconsider  the  vote  adopting  section  14. 

Previous  question  was  called,  call  sustained;  and  the  motion 
to  reconsider  was  carried. 

Mr.  McKee  moved  to  amend  by  striking  out  "$250,;'  and 
inserting  "  $100." 

Mr.  Clarke  moved,  as  an  amendment  to  the  amendment, 
that  "£150"  be  inserted  instead  of  "  $100v; 

A  motion  to  tabic  the  amendment  to  the  amendment,  was  lost, 

Mr.  Gibbs  moved  to  indefinitely  postpone  the  nine ndnient  to 
the  amendment: 

Which  was  laid  on  the  table. 

Previous  question  was  called,  call  sustained;  and  the  amend- 
ment to  the  amendment  introduced  by  Mr.  Clarke,  was  adopted, 
by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Bonney, 
Bridges,  Brinson,  Caldwell,  Chappell.  Clarke,  Combash,  Con- 
ley.  Dalton.  Drane,  Elliott  James,  Goss,  Hemmingway,  John- 
son A.,  Johnson  S..  Kerr,  Leas,  Leonard,  Mayson,  Montgomery. 
Moore,  Myers,  Mygatt,  Newsom,  Parsons  F\,  Peyton  E.  A.. 
Quinn,  Railsback.  Smith,  Stewart.  Stites,  Stovall,  Stringer, 
Stiles.  Toy,  Walker,  Warren,  and  Woodmansee — 42. 

Xays  —Messrs.  Barry,  Castello,  Cunningham,  Dowd,  Gibbs, 
Handy.  Hauser,  Jacobs,  Jones,  Lawson,  Miles,  McKee.  Mc- 
Knight.  Peyton  E.  G.,  Richardson.  Vaughan,  Yeoman — 17. 

And  the  amendment  of  Mr.  McKee  as  amended  was  adopted. 

And  section  14  was  adopted  as  amended,  and  reads  as  fol- 
lows: 

Section  14.  Circuit  Courts  shall  have  original  jurisdiction 
in  all  matters,  civil  and  criminal,  within  this  State;  but  in  civil 
cases  only  when  the  principal  of  the  amount  in  controversy 
exceeds  one  hundred  and  fifty  dollars. 

Mr.  Aiderson  moved  to  reconsider. 

Mi*.  Parsons,  of  Adams,  moved  to  lay  the  motion  to  recon- 
sider on  the  table. 

Mr.  McKee  moved  to  adjourn; 

Which  was  lost,  and  the  motion  of  Mr.  Parsons,  of  Adams 
"vas  carried. 
Section  1 5 ; 


342 


Mr.  Hemmingway  moved  to  strike  out  the  word  "  four,"  and 
insert  the  word  "two,"  in  the  second  line. 
Mr.  McKee  moved  to  lay  on  the  table ; 
Which  was  lost. 

Mr.  Gibbs  moved  to  postpone  indefinitely. 

Mr.  Hemmingway  moved  to  table  Mr.  Gibbs'  motion ; 

Which  was  carried. 

Mr.  McKee  moved  the  previous  question ; 
Which  was  sustained. 

And  the  amendment  of  Mr.  Hemmingway  was  adopted. 
And  section  15  was  adopted,  as  amended,  and  reads  as 
follows : 

Section  15.  A  Circuit  Court  shall  be  held  at  least  twice  in 
each  year,  and  the  Judges  of  said  courts  ma}^  interchange 
circuits  with  each  other  in  such  manner  as  may  be  prescribed 
by  law,  and  shall  receive  for  their  services  a  compensation  to 
be  fixed  by  law,  whicli  shall  not  be  diminished  during  their 
continuance  in  office. 

Mr.  Stringer  moved  to  reconsider. 

Previous  question  called;  call  sustained. 

And  the  motion  to  reconsider  was  last. 

A  communication  from  the  military  commander  of  this  dis- 
trict in  reference  to  his  order  enforcing  the  tax,  and  transmit- 
ting one  hundred  and  fifty  copies  of  the  same,  was  received. 

Section  16: 

Mr.  Parsons,  of  Adams,  moved  to  amend  as  follows:  Strike 
out  the  section  and  insert: 

A  Chancery  Court  shall  be  established  in  each  county  in 
this  State  with  full  jurisdiction  in  all  matters  of  equity,  and 
of  divorce  and  alimony.  The  Circuit  Court  Judge  shall  be 
the  Chancellor  of  these  courts  in  his  District,  and  the  said 
Chancery  courts  shall  be  held  at  the  same  times  and  places 
that  the  Circuit  Courts  are  held. 

Mr.  McKee  moved  to  lay  on  the  table; 

Which  was  lost. 

Mr.  Conley  moved  to  amend  by  striking  out  all  after  section 
16,  and  inserting; 

"The  Circuit  Court  shall  have  jurisdiction  in  all  matters  of 
equity,  and  divorce  and  alimony,  and  all  matters  belonging  to 
a  Court  of  Chancery,  not  otherwise  provided  for;" 

Which  was  lost. 

Mr.  Peyton,  of  Hinds,  moved  to  lay  the  amendment  of  Mr, 
Parsons,  of  Adams,  on  the  table; 
Which  was  carried. 

Mr.  Gibbs  moved  to  refer  the  report  back  to  the  committee 
on  the  Judiciary  with  instructions  to  establish  a  court  of  com- 
petent jurisdiction  in  each  county. 

Mr.  Stovall  moved  to  lay  on  the  table ; 

Which  was  lost. 

Mr.  Cunnigham  moved  to  amend  the  motion  of  Mr.  Gibbs 


343 


by  adding  the  names  of  Messrs.  Alderson,  Gibbs,  and  Parsons, 
of  Adams,  to  the  committee  on  Judiciary ; 
Which  was  carried. 

And  the  motion  of  Mr.  Gibbs,  as  amended,  was  carried. 
The  Convention  adjourned  until  3  o'clock  p.  m. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered, 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonne}',  Brinson,  Caldwell,  Castello,  Chapman,  Com- 
bash,  Compton,  Conley,  Dalton,  Dowd,  Drane,  Elliott  James. 
Fawn,  Gibbs,  Goss,  Handy,  Jacobs,  Johnson  S.,  Johnson  A.. 
Jones,  Kerr,  Lawson,  Leas,  Leonard,  Mayson,  Montgomery, 
Miles,  Moore,  Myers,  Mygatt,  McKee,  McKnight,  Newsom, 
Parsons  F,,  Peyton  E.  G.,  Railsback,  Smith,  Stewart,  Stites, 
Stovall,  Stringer,  Stiles,  Toy,  Vaughan,  Warren,  Woodmansee, 
and  Yeoman — 53. 

The  following  delegates  were  absent : 

Messrs.  Bridges,  Chappell,  Clarke,  Collins,  Cunningham, 
Elliott  John,  Field,  Fitzhugh,  Gaither,  Gray,  Hauser,  Hem- 
mingway,  Herbert,  Holland,  Howe,  Hutto,  Jamison,  Lack. 
Longmire,  Mask,  Musgrove,  Morgan,  McCutchen,  Neilson, 
Nelms,  Nesbitt,  Orr,  Ozanne,  Parsons  J.  R.,  Peyton  E.  A., 
Phillips,  Powell,  Quinn,  Rainey,  Richardson,  Stricklin,  Town- 
send,  Walker,  Watson,  Weir,  and  Williams — 41. 

The  Convention  proceeded  to  the  consideration  of  the 
majority  report  on  Franchise; 

Which  passed  its  first  reading. 

And  the  minority  report  of  the  same  committee  passed  its 
first  reading.  , 

The  report  of  the  committee  on  Internal  Improvements  was 
read  the  first  time. 

The  Bill  of  Rights  came  up  for  a  third  reading. 

Mr,  Compton  moved  to  postpone  the  consideration  of  the 
same  until  this  evening ; 

Which  was  laid  on  the  table. 

Mr.  Gibbs  moved  that  it  be  read  by  sections; 

Which  was  carried. 

The  preamble  was  then  read  and  adopted,  and  reads  as 
follows ; 

PREAMBLE. 

To  the  end  that  justice  be  established,  public  order  main- 
tained, and  liberty  perpetuated,  we,  the  people  of  the  State  of 
Mississippi,  grateful  to  Almighty  God  for  the  free  exercise  of 
the  right  to  choose  our  own  form  of  government,  do  ordain 
this 


344 


CONSTITUTION. 

Seetion  1  was  adopted,  and  reads  as  follows : 

Section  1.  All  persons  resident  in  the  State,  born  in  the 
United  States,  or  naturalized,  are  hereby  declared  citizens  of 
the  State  of  Mississippi. 

Section  2  was  adopted,  and  reads  as  follows : 

Sec.  2.  No  person  shall  be  deprived  of  life,  liberty,  or  prop- 
erty, except  by  due  process  of  law. 

Mr.  Gibbs  moved  that  all  sections  not  objected  to  be  declared 
adopted; 

Which  was  carried. 

Section  3  was  adopted,  and  reads  as  follows : 

Sec.  3.  The  privileges  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when  in  case  of  rebellion  or  invasion,  the 
public  safety  may  require  it. 

Section  4  was  adopted,  and  reads  as  follows: 

Sec  4.  The  freedom  of  speech  and  of  the  press  shall  be  held 
sacred,  and  in  all  indictments  for  libel,  the  jury  shall  deter- 
mine the  law  and  the  facts  under  the  direction  of  the  court. 

Section  5  was  adopted,  and  reads  as  follows: 

Sec.  5,  No  person's  life  or  liberty  shall  be  twice  placed  in 
jeopardy  for  the  same  offense. 

Section  6  was  adopted,  and  reads  as  follows : 

Sec.  6.  The  right  of  the  people  peaceably  to  assemble  and 
petition  the  Government  on  any  subject,  shall  never  be  impaired, 

Section  7: 

Mr.  Mygatt  moved  to  amend  section  7  by  striking  out  all 
after  the  word  "  self,"  in  the  fifteenth  line; 
Which  was  carried.  # 

And  section  7  was  adopted  as  amended,  and  reads  as  follows: 
Sec.  7.  In  all  criminal  prosecutions  the  accused  shall  have  a 
right  to  be  heard  by  himself  or  counsel  or  both;  to  demand 
the  nature  and  cause  of  the  accusation;  to  be  confronted  by 
the  witnesses  against  him;  to  have  a  compulsory  process  for 
obtaining  witnesses  in  his  favor,  and  in  all  prosecutions  by 
indictment  or  information,  a  speedy  and  public  trial  by  an  im- 
partial jury  of  the  county  where  the  offence  was  committed; 
that  he  cannot  be  compelled  to  give  evidence  against  himselfo 
Section  8  was  adopted,  and  reads  as  follows : 
Sec.  8.  Cruel  or  unusual  punishment  shall  not  be  inflicted ; 
nor  shall  excessive  fines  be  imposed;  excessive  bail  shall  not 
be  required,  and  all  persons  shall,  before  conviction,  be  bailable 
by  sufficient  sureties,  except  for  capital  offenses,  when  the 
proof  is  evident,  or  presumption  great. 

Section  9  was  adopted,  and  reads  as  follows : 
Sec.  9.  No  ex  post  facto  law  or  laws,  impairing  the  obliga- 
tions of  contracts  shall  ever  be  passed. 

Section  10  was  adopted,  and  reads  as  follows : 
Sec.  10.  Private  property  shall  not  be  taken  for  public  use, 
except  upon  due  compensation  first  being  made  to  the  owner  or 
owners  thereof,  in  a  manner  to  be  provided  by  law. 
Section  11 : 


345 


Mr.  Parsons,  of  Adams,  moved  to  amend  as  follows: 
Strike  out  all  after  the  word  "  debt,"  in  second  line; 
Which  was  laid  on  the  table. 

And  section  11  was  adopted,  and  reads  as  follows: 
Sec.  11.  There  shall  be  no  imprisonment  for  debt,  except  in 
cases  in  which  the  debt  was  incurred  by  fraud,  or  in  which  the 
debtor  fraudulently  conceals  his  or  her  property. 
And  section  12  was  adopted,  and  reads  as  follows : 
Sec.  12.  The  right  of  trial  by  jury  shall  remain  inviolate. 
And  section  13  was  adopted,  and  reads  as  follows: 
Sec.  13.  No  property  qualification  shall  ever  be  required  to 
become  a  juror. 

And  section  14  was  adopted,  and  reads  as  follows : 
Sec.  14.    The  people  shall  be  secure  in  their  persons,  houses 
and  possessions,  from  unreasonable  seizure  or  search,  and  no 
warrant  shall  be  issued  without  probable  cause,  supported  by 
oath   or   affirmation   specially   designating  the  place  to  be 
searched,  and  the  person  or  thing  to  be  seized. 
And  section  15  was  adopted,  and  reads  as  follows : 
Sec  15.    All  persons  shall  have  a  right  to  keep  and  bear 
arms  for  their  defense. 
Section  16: 

Mr.  McKee  moved  to  recommit; 

Which  was  laid  on  the  table. 

Mr.  M}Tgatt  moved  that  the  section  be  adopted; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Barry,  Beam,  Bridges,  Brin- 
son,  Castello,  Chapman,  Chappell,  Clarke,  Conley,  Dowd, 
Drane,  Elliott  James,  Goss,  Hand}',  Jacobs,  Johnson  S.,  John- 
son A.,  Jones,  Lack,  Leas,  Leonard,  Montgomeiy,  Mygatt, 
McKnight,  Parsons  F.,  Quinn,  Rafisback,  Richardson,  Smith, 
Stewart,  Stites,  Stovall,  Stringer,  Stiles,  and  Warren — 37. 

Nays — Messrs.  Alderson,  Bonney,  Caldwell,  Combash,  Dal- 
ton,  Fawn,  Gibbs,  Hauser,  Lawson,  Miles,  Mayson,  Myers, 
McKee,  Newsom,  Peyton  E.  A.,  Peyton  E.  G.,  Toy,  Walker, 
Woodmansee,  and  Yeoman — 20. 

And  section  16  was  adopted,  and  reads  as  follows: 

Sec.  16.  The  rights  of  married  women  shall  be  protected 
by  law,  in  property  owned  previous  to  marriage,  and  also  in  ail 
property  inherited  or  devised  after  marriage :  Provided,  That 
nothing  herein  contained  shall  be  so  construed  as  to  protect 
said  property  from  being  applied  to  the  payment  of  their  law- 
ful debts. 

Convention  adjourned  until  to-morrow  morning,  at  9  o'clock. 

T.  P.  Sears, 

Secretary. 


v  346 


FIFTY-EIGHTH  DAY. 
Jackson,  Miss.,  Friday,  March  13th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Combash,  Compton,  Conley,  Cunningham,  Dalton, 
Dowd,  Drane,  Elliott  James,  Fawn,  Field,  Gibbs,  Goss,  Handy, 
Hauser,  Hemmingway,  Howe,  Jacobs,  Johnson  $.,  Johnson  A,. 
Jones,  Kerr,  Lack,  Lawson,  Leas,  Mayson,  Montgomery,  Miles, 
Myers,  Mygatt,  McCutchen,  McKee,  McKnight,  Newsom,  Par- 
sons F.,  Peyton  E.  A.,  Peyton  E.  G.,  Quinn,  Railsback,  Rich- 
ardson, Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy, 
Townsend,  Vaughan,  Walker,  Warren,  Williams,  Woodmansee, 
and  Yeoman — 66. 

The  following  delegates  were  absent: 

Messrs.  Clarke,  Collins,  Elliott,  Jno.  Fitzhugh,  Gaither,  Gray, 
Herbert,  Holland,  Hutto,  Jamison,  Leonard,  Longmire,  Mask, 
Musgrove,  Moore,  Morgan,  Neilson,  Nelms,  Nesbitt,  Orr, 
Ozanne,  Parsons  J.  P.,  Phillips,  Powell,  Rainey,  Stricklin, 
Watson,  and  Weir — 28. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  named  dele- 
gates for  the  period  affixed  to  their  names: 

Mr.  Handy  for  four  days;  Mr.  Moore  for  four  days;  to  the 
Secretary  for  one  day;  and  to  Mr.  Collins  from  day  to  day. 

The  Legislative  Department  Committee  reported  progress. 

The  committee  on  General  Provisions  reported  progress. 

Mr.  Hauser  offered  the  following: 

"Resolved,  That  the  Sergeant-at-Arms  be  directed  to  employ 
a  locksmith,  immediately,  and  have  the  doors  of  the  Capitol 
sink  opened  for  the  use  of  the  members  of  this  Convention. 

Mr.  Barry  moved  that  the  party  or  parties  responsible  for 
not  putting  this  hall,  and  all  appurtenances  thereto,  in  order 
for  this  Convention,  be  reported  to  the  Commanding  General 
of  this  District. 

On  motion,  the  consideration  of  the  above  subject  was  post- 
poned for  one  day. 

Mr.  Leas,  of  Warren,  moved  to  suspend  the  rules,  for  the 
purpose  of  considering  the  subject  of  warrants  issued  by  this 
Convention. 

Mr.  Hauser,  of  Kemper,  moved  that  a  committee  of  five  be 
appointed  to  consider  the  same,  and  report  thereon  at  3  o'clock, 
p.  m.  ; 

Which  was  carried. 

The  committee  consists  of  the  following  named  delegates : 


347 


Messrs.  Parsons,  of  Adams,  Beam,  of  Franklin,  Leas,  of 
Warren,  Stovall,  of  Carroll,  and  Dowd.  of  Coahoma. 

The  Convention  resumed  the  consideration  of  the  Bill  of 
Rights,  on  its  third  reading. 

Section  17: 

Mr.  Alderson,  of  Jefferson,  moved  to  strike  out  all  after  the 
word  "required,"  in  third  line: 
Which  was  carried. 

Mr.  Castello  moved  the  adoption  of  the  section,  as  amended; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Bany,  Bonne}', 
Bridges,  Brinson,  Caldwell,  Castello,  Chappell,  Combash,  Con" 
ley,  Cunningham,  Drane,  Fawn,  Gibbs,  Hand}',  Hauser,  Jacobs' 
Johnson  A.,  Jones,  Kerr,  Lawson,  Leas,  Mayson,  Miles,  Myers' 
Mygatt,  McKee,  McKnight,  Newsoni,  Parsons  F.,  Peyton  E.  A.' 
Peyton  E.  G-.,  Quinn,  Railsback,  Richardson,  Smith,  Stewart' 
Stites,  Stringer,  To}r,  Vaughan,  Warren,  Williams,  Woodman" 
see,  and  Yeoman — 47. 

Nays — Messrs.  Beam,  Chapman,  Compton.  Dalton,  Dowd, 
Elliott  James,  Field,  Goss,  Howe,  Johnson  S.,  Lack,  Montgom- 
ery, McCutchen,  Stovall,  and  Townsend — 15. 

And  the  section  was  adopted  as  amended,  and  reads  as  fol- 
lows: 

Sec.  17.  No  property  qualification  for  eligibility  to  office, 
shall  ever  be  required. 

Section  18  was  adopted  as  printed,  and  reads  as  follows: 

Sec.  18.  No  property  or  educational  qualification  shall  ever 
be  required  to  become  an  elector. 

Section  19: 

Mr.  Hauser  moved  to  strike  out  all  after  the  word  "  con- 
victed," in  fifth  line; 
Which  was  carried. 

Mr.  Castello  moved  the  previous  question; 
Which  was  sustained. 

And  section  19  was  adopted  as  amended,  and  reads  as  fol- 
lows: 

Sec.  19.  There  shall  be  neither  slavery  nor  involuntaiy  ser- 
vitude in  this  State,  otherwise  than  in  punishment  of  crime, 
whereof  the  party  shall  have  been  duly  convicted. 

Section  20: 

Mr.  McKee  moved  to  strike  out  the  word  "peaceably,"  in  first 
line ; 

Which  was  carried. 

And  section  20  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Sec.  20.  The  right  to  withdraw  from  the  Federal  Union  on 
account  of  any  real  or  supposed  grievances,  shall  never  be 
assumed  by  this  State,  nor  shall  any  law  be  passed  in  deroga- 
tion of  the  paramount  allegiance  of  the  citizens  of  this  State 
to  the  Government  of  the  United  States. 

Section  21: 

Mr.  Gibbs  moved  to  recommit;  which  was  carried. 
Section  22: 


348 


Mr.  Alderson  moved  to  refer  to  committee; 
Which  was  laid  on  the  table. 

And  section  22  was  adopted,  and  reads  as  follows: 
Sec.  22.  No  public  money  or  money  shall  be  appropriated 
for  any  charitable  or  other  public  institution  in  this  State, 
making  any  distinction  among  the  citizens  thereof. 
Section  23  was  adopted,  and  reads  as  follows: 
Sec.  23.  No  distinction  shall  ever  be  made  by  law,  between 
citizens  and  aliens,  in  reference  to  the  possession,  enjoyment, 
or  descent  of  property. 

Section  24  was  adopted,  and  reads  as  follows : 
Sec  24.  No  religious  test,  as  a  qualification  for  office,  shall 
ever  be  required,  and  no  preference  shall  ever  be  given  by  law, 
to  any  religious  sect  or  mode  of  worship,  but  the  free  enjoy- 
ment of  all  religious  sentiments,  and  the  different  modes  of 
worship  shall  ever  be  held  sacred;  Provided,  The  rights  hereby 
secured,  shall  not  be  construed  to  justify  acts  of  licentiousness, 
injurious  to  morals,  or  dangerous  to  the  peace  and  safety  of  the 
State. 

Section  25  was  adopted,  and  reads  as  follows : 

Sec.  25.  The  right  of  all  citizens  to  travel  upon  all  public 

conveyances  shall  not  be  infringed  upon,  nor  in  any  manner 

abridged  in  this  State. 

Section  26  was  adopted,  and  reads  as  follows : 

Sec.  26.  The  military  shall  be  in  strict  subordination  to  the 

civil  power. 

v  Section  27  was  adopted,  and  reads  as  follows : 
Sec.  27.  Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  the  same,  or  in  adhering  to  its  enemies;  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  on  confession  in  open  court. 

Section  28  was  adopted,  and  reads  as  follows : 
Sec.  28.   No  person's  life  shall  be  periled  by  the  practice  of 
duelling,  but  the  most  stringent  laws  shall  be  passed  by  the 
next  Legislature  against  the  two-fold  crime  of  suicide  and 
murder. 

Section  29  was  adopted,  and  reads  as  follows: 
Sec.  29.  All  courts  shall  be  open,  and  every  person,  for  an 
injury  done  him  in  his  lands,  goods,  person,  or  reputation,  shall 
have  remedy  by  due  course  of  law,  and  right  and  justice  admin- 
istered without  sale,  denial,  or  delay. 
Section  30: 

Mr.  Alderson  moved  to  strike  out  all  after  the  word  "period," 
in  fifth  line; 
Which  was  carried. 

And  section  30  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Sec.  30.  No  person  shall  ever  be  elected  or  appointed  to  any 
office  in  this  State  for  life  or  during  good  behavior,  but  the 
term  of  all  offices  shall  be  for  a  specified  period. 

Section  31  was  adopted,  and  reads  as  follows : 


349 


Sec.  31.  Xo  person  shall  be  debarred  from  prosecuting  or 
defending  any  civil  cause  for  or  against  him  or  herself,  before 
any  tribunal  in  this  State,  by  him  or  herself,  or  counsel,  or 
both. 

Section  32  was  adopted,  and  reads  as  follows: 
Sec.  32.  Xo  person  shall  for  any  indictable  offense  be  pro- 
ceeded against  criminally  by  information,  except  in  cases 
arising  in  the  land  or  naval  forces,  or  the  militia  when  in 
actual  service,  or  by  leave  of  the  court,  for  misdemeanor  in 
office;  Provided,  That  the  Legislature  in  cases  of  petit  larceny, 
assault,  assault  and  battery,  affray,  riot,  unlawful  assembly, 
drunkenness,  vagrancy,  and  other  misdemeanors  of  like  charac- 
ter, may  dispense  with  an  inquest  of  a  grand  jury,  and 
may  authorize  prosecutions  before  Justices  of  the  Peace,  or 
such  other  inferior  court  or  courts,  as  may  be  established  by 
the  Legislature,  and  the  proceedings  in  such  cases  shall  be  regu- 
lated by  law. 
Section  33: 

Mr.  Alderson  moved  to  amend  as  follows: 

Strike  out  all  before  the  word  "to"  in  the  fourth  line, 

Mr.  Castello  moved  to  table; 

Which  was  lost. 

And  the  amendment  of  Mr.  Alderson  was  lost. 
And  section  33  was  adopted  as  printed,  as  reads  as  follows: 
Sec  33.  This  enumeration  of  certain  rights  shall  not  impair 
or  deny  others  retained  by  the  people;  and  to  guard  against 
transgression  of  the  high  powers  herein  enumerated,  we  de- 
clare that  everything  in  this  article  is  excepted  out  of  the 
general  powers  of  government;  and  shall  ever  remain  inviolate: 
and  that  all  laws  contrary  thereto,  or  to  the  following  pro- 
visions be  void. 

Mr.  Alderson  offered  the  following  as  an  additional  section: 
Sec.  34.  Xo  county  shall  ever  be  denied  the  right  to  raise  by 
special  tax.  money  sufficient  to  pay  for  court-houses,  jails,  and 
bridges,  necessary  for  the  convenience  of  the  people  of  the 
county,  and  money  thus  collected  shall  never  be  appropriated 
for  any  other  purposes;  Provided.  The  tax  thus  levied  shall 
be  a  certain  per  cent,  on  all  taxes  levied  by  the  State. 

Which,  on  motion,  was  referred  to  the  committee  of  General 
Provisions. 

On  mo cion  of  E.  G.  Peyton,  of  Copiah,  the  Bill  of  Eights 
was  adopted  as  a  whole,  and  referred  to  the  committee  on  Form 
and  Arrangement  of  Constitution. 

A  motion  to  adjourn  was  lost. 

The  rules  were  suspended  to  take  up  report  of  Committee 
on  Franchise. 

Mr.  Gibbs  moved  to  reconsider  the  vote  agreeing  to  suspend 
the  rules  for  the  purpose  of  taking  up  report  of  Committee  on 
Franchise; 

Which  was  carried. 

A  motion  to  adjourn  was  lost; 


350 


And,  on  motion,  the  rules  were  suspended,  to  take  up  report 
of  the  Committee  on  Internal  Improvements. 

Article  1  was  adopted,  and  reads  as  follows: 

Article  1.  There  shall  be  a  board  elected  to  constitute  a 
Board  of  Public  Works. 

Article  2: 

Mr.  G-ibbs  moved  to  strike  out  the  word  "one"  and  insert 
the  word  "three"  in  the  second  line; 
Which  was  laid  on  the  table. 

Mr.  E.  G.  Peyton  moved  to  strike  out  the  word  "to,"  in  the 
first  line,  and  insert  the  word  "  shall;  " 
Which  was  carried. 

Mr.  Gibbs  moved  to  strike  out  all  after  +he  word  "  of,  "  in 
the  second  line,  and  insert  the  words,  "three  members  to  be 
chosen  from  the  State  at  large,  to  hold  their  office  for  the  term 
of  four  years. 

A  motion  to  \&y  on  the  table  was  lost; 

And  the  amendment  of  Mr.  Gibbs  was  adopted; 

And  article  2  was  adopted,  as  amended,  and  read  as  follows : 

Article  2.  Said  Board  shall  consist  of  three  members,  to  be 
chosen  from  the  State  at  large,  to  hold  their  office  for  the  term 
of  four  years. 

Article  three  was  stricken  out. 

Article  4  was  adopted,  and  reads  as  follows: 

Article  4.  The  Legislature,  at  its  first  session  after  the  adop- 
tion this  Constitution,  shall  provide  for  the  organization  of  said 
Board,  prescribe  its  duties  and  fix  the  compensation  of  its  mem- 
bers, and  all  officers  employed  upon  public  works  in  this  State. 

Article  5: 

A  motion  to  adopt  the  article  was  lost. 

The  rules  were  suspended,  to  put  report  of  Committee  on 
Internal  Improvements  on  its  third  reading; 

And  the  report  passed  its  third  reading; 

And  was  referred  to  the  Committee  on  Form  and  Arrange- 
ment of  the  Constitution. 

A  motion  to  adjourn  was  lost. 

The  Convention  proceeded  to  the  consideration  of  the  report 
of  the  Committee  on  the  Militia,  on  its  third  reading. 

Section  1  was  adopted,  and  reads  as  follows : 

Section  1.  All  able-bodied  male  citizens  of  this  State,  between 
the  ages  of  eighteen  years  and  forty-five  years,  shall  be  liable 
to  military  duty  in  the  militia  of  this  State,  in  such  manner  as 
the  Legislature  shall  provide,  not  incompatible  with  this  Con- 
stitution, and  the  Constitution  and  laws  of  the  United  States. 

Section  2  was  adopted,  and  reads  as  follows: 

Section  2.  The  Legislature  shall  provide  for  the  organizing, 
arming,  equipping  and  discipline  of  the  militia,  and  for  paying 
the  same,  when  called  into  active  service. 

Section  3  was  adopted,  and  reads  as  follows : 

Section  3.  It  shall  be  the  duty  of  the  first  Legislature  to 
make  such  laws  as  shall  be  necessary  to  immediately  create  an 
effective  militia  in  this  State. 

Section  4 : 


351 


Mr.  Chappell  moved  to  amend  the  section  as  follows : 
Strike  out  all  after  the  word  "  Senate,"  In  the  fifth  line,  to 
the  word  "  and,"  in  the  6th  line; 
Which  was  carried. 

And  section  4  was  adopted  as  amended,  and  reads  as  follows : 

Section  4.  All  officers  of  militia,  except  non-commissioned 
officers,  shall  be  appointed  by  the  Governor,  by  and  with  the 
consent  of  the  Senate,  and  shall  be  chosen  for  their  military 
knowledge,  their  experience  in  arms,  and  their  fidelity  and  loy- 
alty; and  no  commissioned  officer  shall  be  removed  from  office, 
except  by  the  Senate,  on  the  recommendation  of  the  Governor, 
stating  the  grounds  on  which  such  removal  is  recommended, 
or  by  the  decision  of  a  court  martial  pursuant  to  law,  or  at 
his  own  request. 

Section  5  was  adopted,  and  reads  as  follows : 

Section  5.  The  Governor  shall  be  Commander-in-Chief  of 
the  militia,  except  when  called  into  the  service  of  the  United 
States,  and  shall  have  power  to  call  forth  the  militia  to  execute 
the  law,  repel  invasion,  and  to  suppress  riots  and  insurrec- 
tions. 

Pending  discussion  on  section  6,  the  Convention  adjourned 
until  3  o'clock. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment, 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Ballard,  Beam,  Bonney, 
Caldwell,  Castello,  Clarke,  Combash,  Compton,  Conley,  Dalton, 
Dowd,  Fawn,  Gibbs,  Goss,  Handy,  Hemmingway,  Howe, 
Jacobs,  Johnson  S.,  Johnson  A.,  Jones,  Kerr,  Lack,  Lawson, 
Leas,  Mayson,  Montgomery,  Miles,  Myers,  McCutchen,  Mc- 
Knight,  Newsom,  Parsons  F.,  Smith,  Stewart,  Stites,  Stovall, 
Stringer,  Townsencl,  Toy,  Walker,  Warren,  Woodmansee,  and 
Yeoman — 46. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Bridges,  Brinson,  Chapman,  Chappell,  Col- 
lins, Cunningham,  Drane,  Elliott  James,  Elliott  John,  Field, 
Fitzhugh,  Gaither,  Gray,  Hauser,  Herbert,  Holland,  Hutto, 
Jamison,  Leonard,  Longmire,  Mask,  Musgrove,  Moore,  Morgan, 
Mygatt,  McKee,  Neilson,  Nelms,  Nesbitt,  Orr,  Ozanne,  Pars- 
ons J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Powell,  Quinn. 
Railsback,  Rainey,  Richardson,  Stricklin,  Stiles,  Vaughan, 
Watson,  Weir,  and  Williams — 47. 

The  Convention  resumed  the  consideration  of  the  report  on 
the  Militia. 

Section  6 : 

Mr.  Gibbs  moved  to  amend  the  section  as  follows : 
Strike  out  all  after  the  words  "section  6,"  and  insert  the 
words:  "  The  Governor  shall  nominate,  and  by  and  with  the 
consent  of  the  Senate,  commission  one  Major  General  for  the 


352 


State,  who  shall  be  a  citizen  thereof;  and  also  one  Brigadier 
General  for  each  Congressional  District,  who  shall  be  a  resi- 
dent of  the  district  for  which  he  shall  be  appointed;  and  each 
district  shall  constitute  a  Militia  Division:" 
Which  was  carried. 

And  section  6  was  adopted,  and  reads  as  above. 

Section  7  was  adopted,  and  reads  as  follows : 

Sec.  7.  The  Adjutant  General  and  other  staff  officers  to  the 
Commander-in-Chief  shall  be  appointed  by  the  Governor,  and 
their  appointment  shall  expire  with  the  Governor's  term  of  ser- 
vice. 

Section  8  was  adopted,  and  reads  as  follows : 

Sec.  8.  The  militia  shall  be  exempt  from  arrest  during  their 
attendance  on  musters,  and  in  going  to  and  returning  from  the 
same,  except  in  case  of  treason,  felony,  or  breach  of  the  peace. 

The  rules  were  suspended  that  the  report  of  the  committee 
might  be  read  the  third  time. 

And  after  being  read  the  third  time  was  referred  to  the  com- 
mittee on  Form  and  Arrangement  of  the  Constitution. 

Mr.  Chappell  moved  that  the  President  be  instructed  to  issue 
a  warrant  for  $10  in  place  of  one  lost; 

Which  was  laid  on  the  table. 

The  Convention  took  up  a  section  of  the  report  of  committee 
on  General  Provisions  on  duelling,  and  after  discussion  had 
thereon,  the  same  was  indefinitely  postponed. 

The  following  ordinance  from  the  committee  on  General  Pro- 
visions, was  read  a  first  time. 

Mr.  President:  The  committee  to  whom  was  referred  a  reso- 
lution asking  the  committee  to  report  an  ordinance  in  regard  to 
contracts,  beg  leave  to  report  the  following  ordinance: 

Whereas,  In  a  Republic  the  foundation  of  a  government  is 
the  right  of  suffrage,  and  this  right  should  be  guarded  from  all 
undue  influences  and  secured  in  such  manner  that  the  free  and 
untramelled  voice  of  the  people  should  be  heard  ;  therefore, 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of 
Mississippi  in  Convention  assembled,  No  contracts  shall  be  valid 
which  in  any  manner  abridge  or  affect  the  right  of  franchise  of 
either  partv;  and  any  person  or  persons  demanding  such  con- 
ditions shall,  upon  conviction  thereof,  before  any  court  having 
competent  jurisdiction,  be  disfranchised  for  the  term  of  five 
years,  and  pay  a  fine  of  not  less  than  five  hundred  dollars. 

Sec.  2.  Whoever  shall  dismiss  from  employment  any  person 
or  persons  for  having  exercised  the  right  of  franchise,  or  for 
offering  to  exercise  such  right,  shall,  on  conviction,  be  fined 
not  less  than  two  hundred  and  fifty  dollars,  and  be  disfranchised 
for  the  term  of  five  years. 

E.  J.  Castello, 

Chairman. 

P.  BONNEY, 

D.  Stites, 
Geo,  Stovall, 
J,  R.  Parsons, 

Committee* 


353 


The  rules  were  suspended  and  the  ordinance  was  read  .the 
second  time. 

Mr.  Clarke  moved  to  strike  out  all  after  the  word  "  form,"*  in 
third  line  from  the  bottom; 
Which  was  carried. 

Mr.  Clarke  moved  to  strike  out  the  word  "  therefore,"'  in 
the  third  line; 

Which  was  carried. 

And  the  preamble  as  amended,  was  adopted  by  the  following 
vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Bonney,  Bridges,  Brinson, 
Caldwell,  Castello,  Chapped,  Clarke,  Conley,  Dalton,  Dowd. 
Drane,  Elliott  James,  Gibbs,  Gross,  Hauser,  Jacobs,  Johnson, 
A.,  Jones,  Kerr,  Lawson,  Leas,  Mayson,  Montgomery,  Miles, 
Myers.  Mygatt,  McKee,  Newsom,  Peyton  E.  A.,  Richardson. 
Smith,  Stewart,  Stites,  Stringer,  Stiles,  Toy,  "Warren,  Wood- 
mansee,  Yeoman — 41. 

Nays — Messrs.  Ballard,  Compton,  Heinmingwa^y,  Howe, 
Johnson  S.,  Lack,  McKnight,  Stovall,  Townsend,  Walker— -11. 

Section  1: 

Mr.  Alcorn  moved  to  amend  by  insrting  the  word  "ten,"  in 
place  of  the  word  "five,"  in  10th  line,  and  inserting  the  words 
;  'two  thousand,"  in  place  of  the  word  "five  hundred,"  in  11th 
and  13th  lines. 

An  amendment  to  the  amendment  was  offered,  as  follows: 
Strike  out  the  word  "ten,"  and  insert  "  three  thousand." 

The  amendment  and  the  amendment  thereto,  were  laid  on  the 
table. 

Mr.  Clarke  moved  to  amend  as  follows: 

After  the   word  "  years,"  in  the  10th  line,  strike   out  to 
the  word  "and,"'  in  i2th  line; 
Which  was  adopted. 

Mr.  Compton  moved  to  amend  as  follows : 

Insert  between  the  words  "demanding"  and  "such,"  in  Stli 
line  the  words  "  or  accepting.*' 

Mr.  McKee  moved  to  table; 

Which  was  carried,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Bonney,  Bridges,.  Brinson, 
Caldwell,  Castello,  Chapped,  Clarke,  Combash,  Conley,  Dowd, 
Drane,  Elliott  James,  Fawn,  Gibbs,  Handy,  Hauser,  Howe, 
Jacobs,  Johnson  A.,  Kerr,  Lawson,  Leas,  Miles,  Myers.  My- 
gatt, McKee,  McKnight,  Newsom,  Parsons  F.,  Richardson, 
Smith,  Stewart,  Stites,  Stringer,  Stiles,  Toy,  Woodinansee, 
Yeoman — -4*0. 

Nats — Messrs.  Ballard,  Compton,  Dalton,  Goss,  Hemming- 
way,  Johnson  S.,  Jones,  Lack,  Mayson,  Montgomery,  Mc- 
Cutchen,  Townsend,  Warren — 13. 

Mr.  Gibbs  moved  to  amend  as  follows : 

Insert,  after  the  word  "  shall,"  in  8th  line,  the  words  "  upon 
conviction  thereof  before  any  court  of  competent  jurisdiction,  be 
C— 23 


354 


disfranchised  for  the  term  of  five  years,  and  pay  a  fine  of  not 
less  than  five  hundred  dollars;" 

Which  was  adopted. 

Mr.  Clarke  moved  to  amend  as  follows : 

Contracts  that  abridges  or  in  any  manner  interfere  with  the 
right  of  suffrage,  shall  to  that  extent  be  void; 
Which  was  lost. 

Mr.  Clarke  moved  to  amend  by  striking  off  the  letter  "  s," 
from  the  words  abridges  and  affects. 

And  section  1  was  adopted,  and  reads  as  written  in  the 
amended  copy  above,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Bonney,  Brinson,  Caldwell, 
Castello,  Chappell,  Clarke,  Combash,  Conley,  Dowd,  Drane, 
Elliott  James,  Fawn,  Gibbs,  Handy,  Hauser,  Howe,  Jacobs, 
Johnson  A.,  Jones,  Lawson,  Leas,  Mayson,  Montgomery,  Miles, 
Myers,  Mygatt,  McKee,  McKnight,  Newsom,  Parsons  F.,  Rich- 
ardson, Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy, 
Warren,  Williams,  Woodmansee,  and  Yeoman — 44, 

Nays — Messrs.  Ballard,  Compton,  Dalton,  Goss,  Hemming- 
way,  Johnson  S.,  Lack,  McCutchen,  Townsend,  and  Walker — 10. 

Section  2: 

Mr.  Castello  moved  to  amend  as  follows: 
Insert  the  word  "  offering"  after  the  word  "  for"  in  fourth 
line,  and  strike  out  all  after  the  word  "  year"  in  the  ninth  line ; 
Which  was  adopted. 

And  section  2  was  adopted,  as  amended,  and  reads  as  afore- 
said. 

Rules  suspended,  and  the  ordinance  was  read  a  third  time 
and  passed. 

Referred  to  committee  on  Form  and  Arrangement. 

Mr.  James  M.  McKee  was  appointed  as  Enrolling  Clerk. 

The  committee  on  Form  and  Arrangement  asked  the  appoint- 
ment of  a  Clerk,  and  Mr.  H.  T.  Fisher  was  appointed  as  such. 

The  Convention  adjourned  to  meet  to-morrow  morning  at  9 
o'clock, 

T.  P.  Sears, 

Secretary. 


FIFTY-NINTH  DAY. 

Jackson,  Miss.,  Saturday,  March  14th,  1868.. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam, 
Bridges,  Brinson.  Caldwell,  Castello,  Chappell,  Clarke,  Com- 


355 


bash,  Cunningham,  Dalton,  Dowel,  Drane,  Elliott  James,  Fawn, 
Field,  Gibbs,  G-oss,  Hauser,  Hemmingway,  Howe,  Jacobs, 
Johnson  S..  Johnson  A.,  Jones,  Kerr,  Lack,  Lawson,  Leas, 
Montgomery,  Miles,  Myers,  Mygatt,  McCutchen,  McKee,  Mc- 
Knight,  Newsom,  Parsons  F.,  Parsons  J.  R.  Peyton  E.  A.,  Pey- 
ton E.  G.,  Railsback,  Richardson,  Smith,  Stewart,  Stites, 
Stovall,  Townsend,  Toy,  Vaughan,  Walker,  Warren,  Williams, 
Woodman  see,  and  Yeoman — 59. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Bonnej^,  Chapman,  Collins,  Compton,  Conle}^, 
Elliott  John,  Fitzhugh,  Gaither,  Gray,  Hand}-,  Herbert,  Hol- 
land, Hutto,  Jamison,  Leonard,  Longmire,  Mayson,  Mask,  Mus- 
grove,  Moore,  Morgan,  Neilson,  Nelms,  Nesbitt,  Orr,  Ozanne, 
Phillips,  Powell,  Quinn,  Rainey,  Stricklin,  Stiles,  Watson,  and 
Weir— 35. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  delegates : 
To  Mr.  Quinn  for  one  day;  Mr.  Chapman  for  one  day;  Mr. 
Mayson  for  two  days;  Mr.  Bonney  for  live  days. 

Mr.  Montgomery  moved  that  the  vote  adopting  the  19th  sec- 
tion of  the  Bill  of  Rights,  had  on  yesterday,  be  reconsidered, 
so  as  to  allow  those  members  who  were  absent,  and  those 
voting  in  the  negative,  to  vote  or  change  their  votes  from  the 
negative  to  the  affirmative  ; 

Which  was  carried. 

Mr.  Castello  moved  that  the  rules  be  suspended  in  order  to 
permit  Mr.  Leas  to  introduce  a  resolution. 

The  rules  were  suspended,  and  Mr.  Leas  moved  to  strike 
from  the  Journal  all  proceedings  had  in  reference  to  the  war- 
rants of  this  Convention  on  j^esterday. 

Previous  question  called,  call  sustained; 

And  the  motion  of  Mr.  Leas  was  adopted. 

The  Committee  on  General  Provisions  submitted  the  following 
report : 

Mr.  President:  The  Committee  on  General  Provisions  beg 
leave  to  make  the  following  report: 

Section  1.  The  political  year  of  the  State  of  Mississippi 
shall  commence  on  the  first  Monday  of  January,  in  each  year, 
and  the  general  election  shall  be  holden  on  the  first  Tuesday 
succeeding  the  first  Monday  in  November  biennially. 

Sec.  2.  It  shall  be  the  duty  of  the  Legislature  to  provide  a 
great  seal  for  the  State,  which  shall  be  kept  by  the  Secretary  of 
State,  and  all  the  official  acts  of  the  Governor,  his  approba- 
tion of  the  laws  excepted,  shall  be  thereby  authenticated. 

Sec.  3.  Members  of  the  Legislature,  and  all  State,  Judicial, 
Executive  and  Civil  officers,  shall,  before  they  enter  upon  the 
duties  of  their  respective  offices,  take  and  subscribe  the  oath 
of  office  prescribed  by  law  for  officers  of  the  United  States. 

Sec.  4.  The  Legislature  shall  pass  such  laws  to  prevent  the 
evil  practice  of  duelling  as  they  may  deem  necessary,  and  may 
require  all  officers  before  they  enter  on  the  duties  of  their 
respective  offices,  to  take  and  subscribe  such  oath  as  may  be  by 
law  prescribed. 


35G 


Sec.  5.  The  Legislature  shall  pass  such  laws  to  exclude  from 
office  and  from  snfferage,  those  who  shall  hereafter  be  convicted 
of  bribery,  perjury,  forgery  or  other  high  crimes  or  misde- 
meanor, and  every  person  shall  be  disqualified  from  holding  an 
office  or  place  of  honor,  trust  or  profit,  under  the  authority  of 
this  State,  who  shall  be  convicted  of  having  given  or  offered 
any  bribe  to  procure  his  election  or  appointment. 

Sec.  6.  No  person  who  denies  the  existence  of  a  Supreme 
Being,  or  a  future  state  of  revvar 's  and  punishments,  shall  hold 
any  office  in  the  civil  department  of  this  State. 

Sec*  7.  No  appropriations  shall  be  drawn  from  the  Treasury 
but  in  accordance  with  appropriations  made  by  law;  and  an 
accurate  account  of  the  receipts  and  expenditures  of  the  pub- 
lic money  shall  be  annually  published. 

Sec.  8.  The  Legislature  shall  provide  by  law  for  the  indict- 
ment and  trial  of  persons  charged  with  the  commission  of  any 
felony  in  any  county  other  than  that  in  which  the  offense  was 
committed,  whenever,  owing  to  prejudice  or  any  other  cause, 
an  impartial  grand  or  petit  jury  cannot  be  empaneled  in  the 
countv  in  which  the  offense  was  committed. 

Sec.  9.  The  credit  of  the  State  shall  not  be  pledged  or  loaned 
in  aid  of  any  person,  association,  or  corporation,  nor  shall  the 
iState  hereafter  become  a  stockholder  in  any  corporation  or 
association. 

Sec.  10.  The  Legislature  shall  have  no  power  to  grant  acts 
of  incorporation  to  individuals  for  banks,  or  other  moneyed  in- 
stitutions, or  for  insurance  companies,  or  for  any  business  pur- 
poses, when  such  acts  shall  provide  for  capital  stock  without 
enjoining  on  such  corporation  the  payment  of  a  tax  of  one-half 
of  one  per  cent,  per  annum  during  tue  continuance  of  the 
charter,  on  the  capital  stock  named  in  the  grant;  and  this  tax 
shall  be  levied  and  collected  in  the  county  in  which  the  corpo- 
ration is  located, 

Sec.  11.  The  term  of  office  of  all  county,  township,  and  pre- 
cinct officers  shall  expire  thirty  days  atter  this  Constitution 
goes  into  effect,  and  the  Governor  shall  thereafter  appoint  such 
officers,  whose  term  of  office  shall  continue  until  the  Legisla- 
ture shall  provide  by  law  for  an  election  of  said  officers, 

Sec.  12.  It  shall  be  the  duty  of  the  Legislature,  at  its  first 
session  after  the  adoption  of  this  Constitution,  to  enact  a  law 
dividing  the  State  into  ten  districts,  and  providing  for  the 
appointment  of  ten  commissioners,  one  for  each  district,  who 
shall  hold  their  offices  for  the  term  of  four  years,  and  until 
their  successors  be  duly  appointed  and  qualified,  whose  duty  it 
shall  be  to  classify  the  lands  of  the  State  and  equalize  the 
value  of  the  same  for  taxation. 

Sec.  13.  In  all  cases  not  otherwise  provided  for  in  this  Consti  - 
tution, the  Legislature  may  determine  the  mode  of  filling  all 
vacancies  in  all  offices,  and  shall  define  their  respective  powers 
and  duties,  and  provide  suitable  compensation  for  all  officers. 

Sec.  14.  The  Legislature,  at  its  first  session,  shall  provide  by 
law  for  the  sale  of  all  delinquent  tax  lands,  and  the  title  to  all 


357 


lands  thus  disposed  of  shall  be  vested  in  the  purchaser  in  fee 
simple. 

Sec.  15.  The  Legislature  shall  direct  hy  law  in  what  manner 
and  in  what  courts  suits  may  be  brought  against  the  State. 

Sec  16.  No  laws  of  a  general  nature,  unless  otherwise  pro- 
vided for,  shall  be  enforced  until  sixty  days  after  the  passage 
thereof, 

Sec.  17.  It  shall  be  the  duty  of  the  Legislature  to  regulate 
by  law  the  cases  in  which  deductions  shall  be  made  from  sala- 
ries of  public  officers  for  neglect  of  duty  in  their  official 
capacity,  and  the  amount  of  said  deduction, 

Sec.  18.  Divorces  from  the  bonds  of  matrimony  shall  not  be 
granted  but  in  cases  provided  for  by  law  by  suits  in  Chancery. 

Sec.  19.  Representatives  in  Congress  to  fill  the  existing 
vacancies  shall  be  elected  at  the  same  time  this  Constitution  is 
submitted  to  the  electors  of  the  State  for  ratification,  and  for 
the  full  term  next  succeeding  their  election;  and  thereafter 
the  elections  for  Representatives  in  Congress  shall  be  held 
biennially — the  first  election  to  be  held  on  the  first  Tuesday 
after  the  first  Monday  in  November  preceding  the  expiration 
of  said  full  term. 

Sec  20,  The  Legislature  shall  immediately  provide  by  law 
for  a  complete  and  uniform  registration  by  election  districts, 
of  the  names  of  all  qualified  voters  in  this  State,  and  shall 
also  provide  for  the  election  or  appointment  of  a  Registrar  or 
Registrars  of  elections  in  each  county  in  the  State,  and  pre- 
scribe the  duties  and  compensation  of  said  Registrars. 

Sec  21.  The  Legislature  at  its  first  session  under  this  Con- 
•stitution^  shall  designate  by  law  such  loyal  paper  or  "papers  in 
each  Congressional  district  as  shall  publish  all  legal  advertis- 
ing and  such  official  printing  as  shall  be  required  by  law  in 
in  such  Congressional  district,  and  fix  the  compensation 
therefor. 

Sec  22.  In  all  elections  for  Sheriff1  and  Coroner,  when  two 
or  more  persons  have  an  equal  number  of  votes,  and  a  higher 
number  than  aii}r  other  person,  the  presiding  Judge  of  the 
County  Court  of  the  county  shall  give  the  casting  vote,  and 
all  contested  elections  for  the  said  offices  shall  be  decided  by 
the  Circuit  Court  of  the  proper  county,  in  such  manner  as  the 
Legislature  by  law  prescribes. 

Sec  23.  No  corporate  body  shall  hereafter  be  created,  re- 
newed, or  extended,  with  the  privilege  of  making,  issuing,  or 
putting  in  circulation  any  nGtes,  bills,  or  other  paper,  or  the 
paper  of  any  other  bank,  to  circulate  as  money,  and  the  Leg- 
islature shall  prohibit  hy  law  individuals  or  corporations  from 
issuing  bills,  checks,  tickets,  promissory  notes,  or  other  paper 
as  money;  but  nothing  herein  contained  shall  be  construed  as 
preventing  corporations  or  associations  from  forming  for  such 
purposes  under  the  Acts  of  Congress  for  a  national  s}Tstein  of 
banking. 

Sec  24.  The  property  of  all  corporations  for  pecuniary  prof- 
Its  shall  be  subject  to  taxation  the  same  as  that  of  individuals. 


358 

Sec.  25.  No  part  of  the  Public  School  fund  shall  ever  be  invest- 
ed in  the  stock  or  bonds,  or  other  obligations  of  this  or  any  other 
State,  or  of  any  bank,  or  of  any  count}7-,  city,  town,  or  corpo- 
ration. 

Sec.  26.  In  each  county  there  shall  be  appointed  or  elected 
as  many  Justices  of  the  Peace  as  the  public  good  may  require. 
Their  powers  and  duties,  and  their  duration  in  office  shall  be 
regulated  by  law. 

Sec.  27.  The  Legislature  may  provide  by  law  for  the  election 
of  all  officers  appointed  under  this  Constitution. 

Sec.  28.  The  Legislature  shall  not  authorize  any  county, 
city  or  town,  to  become  a  stockholder  in,  or  to  loan  its  credit 
to  any  company,  association  or  corporation,  unless  two-thirds 
of  the  qualified  voters  of  such  county,  city  or  town,  at  a  special 
or  regular  election,  to  be  held  therein,  shall  assent  thereto. 

Sec.  29.  The  Legislature  shall  never  authorize  any  lottery, 
nor  shall  the  sale  of  lottery  tickets  be  allowed,  nor  shall  any 
lottery  heretofore  authorized  be  permitted  to  be  drawn,  or 
tickets  therein  to  be  sold. 

Sec.  30.  No  county  shall  be  denied  the  right  to  raise,  by 
special  tax,  money  sufficient  to  pay  for  building  and  repairing 
court-houses,  jails,  bridges,  and  other  necessary  conveniences 
for  the  people  of  the  county;  and  money  thus  collected  shall 
never  be  appropriated  for  any  other  purposes;  Provided,  The 
tax  thus  levied  shall  be  a  certain  per  cent,  on  all  tax  levied  by 
the  State. 

Sec.  31.  Liabilities  of  banks,  associations,  and  other  corpora- 
tions, shall  be  secured  by  legislative  enactment,  but  in  all  cases 
no  stockholder  shall  be  individually  liable  over  and  above  the 
stock  by  him  or  her  owned. 

E.  J.  Castello, 

Chairman. 
George  Stovall, 
Chas.  W.  Clarke, 
Committee, 

Report  received,  and  100'  copies  ordered  to  be  printed,  and 
the  same  made  the  special  order  for  Wednesday  next. 

Mr.  Kerr  introduced  the  following: 
'  Be  it  resolved,  That  all  process  or  suits  being  prosecuted, 
or  to  be  prosecuted,  in  the  various  courts  in  this  State,  as  well- 
as  all  judgments  or  executions  for  the  enforcement  or  collect- 
ion of  money,  be  and  the  same  are  hereby  suspended  until  the 
people  ratify  or  refuse  to  ratify  the  Constitution  to  be  adopted 
by  this  Convention,  and  that  all  Sheriffs  and  Constables  in  this 
State  return  all  process  in  their  hands  for  the  collection  of 
money  to  the  proper  offices. 

Mr.  Castello  moved  to  refer  the  above  to  the  committee  on 
Staying  the  Collection  of  Debts  ; 

Which  was  carried. 

Mr.  Smith  introduced  the  following : 

Besolved,  That  no  Federal  soldier  who  has  been  disabled 
from  making  a  living  by  manual  labor>  on  account  of  wounds- 


359 


received  during  the  late  war  between  the  United  States  and  the 
so-called  Confederate  States,  shall  hereafter  be  compelled  to 
pay  a  poll-tax  in  this  State. 
Which  was  adopted. 

Leave  of  absence  was  granted  to  Mr.  Vaughan  for  eight  days, 
commencing  on  Monday  next. 

Mr.  Powell's  leave  of  absence  was  extended  two  days. 

Mr.  Alderson  moved  to  reconsider  section  1  of  the  report  of 
the  committee  on  General  Provisions; 

Which  was  carried. 

Mr.  Alderson  moved  that  the  Convention  go  into  Committee 
of  the  Whole,  for  the  purpose  of  considering  any  amendments 
which  maybe  offered  to  section  1,  of  the  report  of  the  commit- 
tee on  General  Provisions: 

Which  was  carried. 

And  after  certain  proceedings  had  therein,  the  committee 
rose  and  reported  that  the  original  section  be  adopted: 
Which  was  carried. 

Mr.  Gibbs  moved  to  take  up  the  report  of  the  Educational 
Committee,  and  pass  the  same  to  its  third  reading. 
Mr.  Parsons,  of  Adams,  moved  to  lay  on  the  table: 
Which  was  lost. 

Mr.  Parsons,  of  Adams,  moved  to  adjourn: 
Which  was  lost. 

And  the  motion  of  Mr,  Gibbs  was  carried. 

Section  1  was  adopted,  and  reads  as  follows: 

Section  1.  The  stability  of  republican  form  of  government 
depending  mainly  upon  the  intelligence  and  virtue  of  the  peo- 
ple, it  shall  be  the  duty  of  the  General  Assembly  to  encourage 
by  all  suitable  means,  the  promotion  of  intellectual,  scientific, 
moral,  and  agricultural  improvements,  by  establishing  a  uniform 
system  of  free  public  schools,  by  taxation  or  otherwise,  for  all 
children  between  the  ages  of  five  and  twenty-one  years,  and 
shall,  as  soon  as  practicable,  establish  schools  of  higher  grade. 

Section  2  was  adopted,  and  reads  as  follows: 

Sec.  2.  There  shall  be  a  Superintendent  of  Public  Ediica- 
cation  elected  by  the  people,  at  the  same  time  and  manner  as 
the  Governor,  who  shall  have  the  qualification  of  the  Secretary 
of  State,  and  hold  his  office  for  four  years,  and  until  his  suc- 
cessor shall  be  elected  and  qualified,  whose  duty  shall  be  the 
general  supervision  of  the  Common  School  Fund,  and  the  edu- 
cational interest  of  the  State,  and  shall  perform  such  other 
duties  pertaining  to  his  office,  and  receive  such  compensation 
as  shall  be  prescribed  by  law:  he  shall  report  to  the  .General 
Assembly,  for  its  adoption,  within  twenty  days  after  its  first 
session  under  this  Constitution,  a  uniform  system  of  free  pub- 
lic schools. 

Section  3  was  adopted,  and  reads  as  follows: 

Sec  3.  There  shall  be  a  Board  of  Education,  consisting  of 
the  Secretary  of  State,  the  Attorney  General,  and  the  Superin- 
tendent of  Public  Education,  for  the  management  and  invest- 
ment of  the  school  funds,  and  perform  such  other  duties  as 


360 


prescribed  hy  law.    The  Superintendent  and  one  other  of  said 
Board  shall  be  a  quorum. 
Section  4 : 

Mr.  Parsons  moved  that  a  committee  of  three  be  appointed 
to  compare  the  Minutes  of  the  Convention  with  the  Official 
Journal,  and  report  immediately; 

Which  was  carried. 

Messrs.  Parsons,  Combash,  and  Castello,  were  appointed  a 
committee  under  the  above  motion. 
Section  5: 

Mr.  Stites  moved  to  amend,  as  follows : 

Provided,  That  any  parent  or  guardian  who  shall  prefer 
sending  to  a  private  institution,  shall  be  allowed  to  draw  a  pro- 
portion of  the  school  fund,  as  heretofore. 

Mr.  Mayson  moved  to  table  the  above; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Beam,  Bridges,  Brinson, 
Caldwell,  Castello,  Clarke,  Combash,  Cunningham,  Dowd, 
Drane,  Elliott  James,  Fawn,  Field,  Gibbs,  Hauser,  Jacobs, 
Johnson  A.,  Jones, '  Lawson,  Leas,  Mayson,  Miles,  Myers, 
McKee,  McKnight,  Newsom,  Parsons  F.,  Parsons  J.  E.,  Peyton 
E.  A.,  Eailsback,  Stewart,  Stites,  Stringer,  Warren,  Williams, 
Woodman  see,  Yeoman— 38. 

Nays — Messrs.  Dalton,  Goss,  Hemmingway,  Howe,  Johnson 
S.,  Kerr,  Lack,  Montgomery,  McCutchen,  Peyton  E.  G.,  Bich- 
ardson,  Smith,  Stovall,  Stiles,  Townsend— - 15, 

Mr.  Field  moved  to  amend  as  follows: 

Provided,  That  when  any  parent  or  guardian  shall  prefer 
sending  to  a  private  institution,  the  amount  of  taxpaid  by  them 
shall  be  refunded  upon  their  presenting  a  certificate  of  a  school 
master,  that  the  children  or  wards  have  attended  school  the 
time  prescribed  by  law. 

Which  was  laid  on  the  table, 

Mr.  Mayson  moved  the  previous  question; 

Which  was  sustained. 

And  section  5  was  aclopted  as  printed,  and  reads  as  follows: 
Sec.  5,  A  school  shall  be  maintained  in  each  school  dibtrict 
at  least  four  months  in  each  }Tear.  Any  school  district  neg- 
lecting to  maintain  such  schools  shall  be  deprived  for  that  year 
of  its  proportion  of  the  income  of  the  free  school  fund  and 
of  all  funds  arising  from  taxes  for  the  support  of  schools. 
Section  6 : 

Mr.  Peyton  moved  to  amend  as  follows: 

Acid  after  the  word  "granted,"  in  8th  line,    the  words 
il  under  the  general  law  of  the  land;" 
Which  was  carried, 

Mr.  Gibbs  moved  to  postpone  the  further  consideration  of 
the  report  until  Monday  next. 
Mr.  Mayson  moved  to  table ; 
Which  was  lost. 

And  the  motion  of  Mr.  Gibbs  prevailed,  and  the  further  con- 
sideration of  the  report  was  postponed. 


361 


Mr.  Castello  moved  to  suspend  the  rules  so  that  the  Conven- 
tion may  adjourn  until  Monday  morning,  at  9  o'clock; 
Which  was  lost. 

Leave  of  absence  was  granted  to  Mr.  Newsom,  for  ten  days. 
Mr.  Howe  moved  that  the  Convention  adjourn  until  3  o'clock 
?.  m. ;  which  was  carried. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
No  quorum  present. 

Convention  adjourned  until  9  o'clock,  Mondry  morning. 

T.  P.  Sears, 

Secretary. 


SIXTIETH  DAY. 

Jackson,  Miss.,  Monday,  March  16th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
*  to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard.  Beam, 
Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Com- 
bash,  Compton,  Dalton,  Dowd,  Elliott  James,  Fawn,  Field, 
Gibbs,  Goss,  Hauser,  Hemmingway,  Herbert,  Howe.  Jacobs, 
Johnson  S.,  Jones,  Kerr,  Lack,  Lawson,  Mayson,  Mask,  Mont- 
gomery, Miles,  Mygatt,  McCutchen,  McKee,  McKnight,  Par- 
sons J.  P.,  Parsons  F.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips, 
Quinn,  Railsback,  Richardson,  Smith,  Stewart,  Stites,  Stovall, 
Stiles.  Townsend,  Toy,  Walker,  Warren,  Williams,  Woodman- 
see,  Yeoman— 60. 

The  following  delegates  were  absent : 

Messrs.  Barry,  Bonne}',  Bridges,  Collins,  Conley,  Cunning- 
ham, Drane,  Elliott  John,  Fitzhugh,  Gaither,  Gray,  Handy, 
Holland,  Hutto,  Jamison,  Johnson  A.,  Longmire,  Musgrove, 
Moore,  Morgan,  Myers,  Neilson,  Nelms,  Nesbitt,  Munson, 
Orr,  Ozanne,  Powell,  Rainey,  Stricklin,  Stringer,  Vaughan. 
Watson,  Weir— 31. 

Journal  of  Saturday  was  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  named  gen- 
tlemen for  the  period  affixed  to  their  names : 

To  Mr.  Holland,  for  six  days;  to  Mr.  McKnight,  for  four 
days;  to  Mr.  Cunningham,  for  one  day;  to  Mr.  Orr,  until  the 
22d  March;  to  Mr.  S.  Johnson,  for  four  days. 

The  following  report  of  the  special  committee,  appointed  on 
Saturda}-,  was  submitted,  through  their  chairman : 


362 


To  the  Hon.  President   and  Members  of  the  Constitutional 
Convention  : 

Your  special  committee,  to  whom  was  referred  section  4  of 
the  report  of  the  committee  on  Education,  beg  leave  to  report 
that  the  section,  as  printed,  was  passed  by  this  Convention  on 
March  7th,  as  appears  from  the  original  minutes  of  the  Secre- 
tary. 

Yours  respectfully, 

F.  Parsons,  Chairman. 
W.  S.  Combash. 
On  motion  the  report  was  received  and  the  committee  dis- 
charged. 

Mr.  Hauser  moved  to  suspend  the  rules  to  permit  Mr.  Gibbs 
to  introduce  a  resolution; 
Which  was  carried. 
Mr.  Gibbs  introduced  the  following: 

Whereas,  The  Convention  has  nearly  completed  a  Constitu- 
tion, to  be  submitted  to  the  people  for  ratification,  and  believing 
it  to  be  of  vital  importance  that  the  Constitution  thus  to  be 
voted  on  should  be  so  presented  to  the  people  as  to  secure  a 
full  and  free  expression  of  their  opinions  on  the  same,  and  that 
the  relations  of  the  State  of  Mississippi  with  the  Federal 
Union  should  be  restored  as  speedily  as  possible:  therefore, 
be  it 

Hesolved,  That  in  accordance  with  the  powers  conferred  by 
sections  5  and  8  of  the  supplementary  reconstruction  bill  of 
March  2,  1867,  that  a  committee  of  five  be  appointed  from  the  * 
members  of  this  Convention,  to  be  designated  the  "Committee 
on  General  Arrangements,"  who  shall  have  power  to  sit  during 
the  adjournment  of  the  Convention,  to  confer  with  the  General 
commanding  this  District,  and  arrange  a  plan  for  holding  the 
elections  for  the  ratification  or  rejection  of  the  Constitution, 
the  election  of  State  officers,  and  members  of  the  State  Legis- 
lature, and  all  other  powers  necessary  to  carry  into  effect  the 
purposes  of  the  Reconstruction  Acts  and  the  Acts  supplemen- 
tary thereto. 

Be  it  f  urther  resolved,  That  said  committee  shall  hold  their 
meetings  at  the  State  Capital  during  the  adjournment  of  the 
Convention,  and  shall,  as  soon  as  possible  after  the  elections 
are  held,  ascertain  and  make  proclamation  of  the  result  thereof, 
and  in  case  the  Constitution  is  rejected,  shall  immediately  issue 
a  proclamation  for  the  re-assembling  of  the  Convention.  Said 
committee  shall  receive  such  compensation  for  their  services  as 
may  hereafter  be  determined  and  provided  for;  and  their  term  of 
service  shall  continue  until  the  result  of  the  elections  are  ascer- 
tained and  proclamation  made  of  the  same,  and  in  case  of  the 
rejection  of  the  Constitution,  until  the  re-assembling  of  the 
Convention,  and  no  longer. 

Mr.  Alderson  moved  to  receive  and  adopt. 

Mr.  Parsons,  of  Adams,  moved  to  receive  and  refer  to  a 
select  committee  of  five,  the  mover  of  the  resolution  to  be  the 
chairman; 

Which  was  adopted. 


363 


Mr.  Clarke  moved  to  suspend  the  rules,  to  further  consider 
the  report  of  the  Committee  on  Education. 

And  section  6  was  adopted,  as  amended,  and  reads  as  follows  : 
Section  6.  There  shall  be  established  a  common  school  fund, 
which  shall  consist  of  the  proceeds  of  the  lands  now  belonging 
to  the  State,  heretofore  granted  by  the  United  States,  and  the 
lands  known  as  "  swamp  lands, "  except  the  swamp  lands  lying 
and  situated  on  Pearl  river,  in  the  counties  of  Hancock,  Marion, 
Lawrence,  Simpson  and  Copiah,  and  of  all  lands  now  or  here- 
after vested  in  the  State  by  escheat,  or  purchase,  or  forfeiture 
for  taxes,  and  the  clear  proceeds  of  all  fines  collected  in  the 
several  counties,  for  any  breach  of  the  penal  laws,  and  all 
moneys  received  tor  licenses  granted  under  the  general  laws  of 
the  State  for  the  sale  of  intoxicating  liquor,  or  keeping  of  dram 
shops,  all  moneys  paid  as  an  equivalent  for  persons  exempt 
from  military  duty,  and  the  funds  arising  from  the  consolida- 
tion of  the  Congressional  township  funds,  and  the  lands  be- 
longing thereto,  together  with  all  moneys  donated  to  the  State 
for  school  purposes,  shall  be  securely  invested  in  United  States 
bonds,  and  remain  a  perpetual  fund,  which  may  be  increased 
but  not  diminished,  the  interest  of  which  shall  be  inviolably 
appropriated  for  the  support  of  free  schools. 

Section  7  was  adopted,  as  printed,  and  reads  as  follows: 
Section  7.  The  Legislature  may  levy  a  poll-tax  not  to  exceed 
two  dollars  per  capita  in  aid  of  the  school  fund,  and  for  no 
other  purpose. 

Mr.  McKee  moved  that  the  Convention  go  into  a  Committee 
of  the  Whole,  for  the  purpose  of  considering  section  8; 
Which  was  carried. 
Mr.  E.  G.  Peyton  in  the  Chair; 

And  after  certain  proceedings  had  therein,  the  Committee 
rose,  and,  through  their  Chairman,  reported  as  follows: 

Mr.  President:  The  Committee  instruct  me  to  report  that 
they  recommend  that  the  section  be  amended  as  follows : 

After  the  word  ''college,*'  in  the  fourth  line,  insert  the  words 
"  or  colleges,  "  and  ask  its  adoption; 

Which  was  adopted. 

Mr.  Townsend  moved  that  the  further  consideration  of  the 
section  be  indefinitely  postponed. 

Mr.  Stringer  moved  to  table  the  motion  to  indefinitely  post- 
pone ; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Bridges,  Brinson,  Caldwell, 
Castello,  Chapman,  Clarke,  Combash,  Cunningham,  Dowd, 
Elliott  James,  Pawn,  Field,  Gibbs,  Jacobs,  Johnson  A.,  Lawson, 
Leas,  Mayson,  Mygatt,  McKee,  McKnight,  Parsons  F.,  Parsons 
J.  P.,  Peyton  E.  A.,  Quinn,  Railsback,  Richardson,  Smith, 
Stewart,  Stites,  Stringer,  Warren,  Williams,  Yeoman — 36. 

Nats — Messrs.  Alderson,  Beam,  Chappell,  Compton,  Dalton, 
Goss,  Hauser,  Heinmingway,  Howe,  Johnson  S.,  Jones,  Lack, 
Montgomery,  Miles,  McCutchen,  Peyton  E.  G.,  Phillips,  Stiles, 
Townsend,  Toy,  Woodmansee— 20.  " 


364 


And  section  8,  as  amended,  was  adopted,  by  the  following 
vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Brinson, 
Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Combash,  Cun- 
ningham, Dowd,  Elliott  James,  Fawn,  Field,  Gibbs,  Howe, 
Jacobs,  Johnson  A.,  Lawson,  Leas,  May  son,  Miles,  Mygatt, 
McKee,  McKnight,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A., 
Peyton  E.  G.,  Quinn,  Railsback,  Richardson,  Smith,  Stewart, 
Stites,  Stringer,  Toy,  Warren,  Williams,  Woodmansee,  and 
Yeoman — 43. 

Nays — Messrs.  Beam,  Compton,  Dalton,  Coss,  Hauser,  Hem- 
mingway,  Herbert,  Johnson  S.,  Jones,  Lack,  Montgomery,  Mc- 
Cutchen,  Phillips,  and  Townsend — 14. 

And  read  as  follows : 

Sec.  8,  The  Legislature  shall,  as  soon  as  practicable,  provide 
for  the  establishment  of  an  Agricultural  College,  or  Colleges, 
and  shall  appropriate  the  two  hundred  and  ten  thousand  acres 
of  land  donated  to  the  State  for  the  support  of  such  a  College  by 
the  Act  of  Congress,  passed  July  2d,  1865,  or  the  money  or 
scrip,  as  the  case  may  be,  arising  from  the  sale  of  said  lands 
or  any  lands  which  may  hereafter  be  granted,  or  appropriated 
for  such  purpose. 

Section  9  was  adopted,  and  reads  as  follows  : 

Sec.  9.  No  religious  sect  or  sects,  shall  ever  control  any 
part  of  the  school  or  university  funds  of  this  State. 

Section  10  was  adopted,  and  reads  as  follows: 

Sec.  10.  The  Legislature  shall  from  time  to  time,  as  may  be 
necessaiy,  provide  for  the  levy  and  collection  of  such  taxes  as 
may  be  required  to  properly  support  the  system  of  free  schools 
herein  adopted. 

Mr.  Clarke  moved  to  reconsider  section  4,  and  that  the  Con- 
vention go  into  Committee  of  the  Whole; 

Which  was  carried. 

Mr.  Field  in  the  Chair; 

And  after  certain  proceeding  had  therein,  the  committee  of 
the  Whole,  through  their  chairman,  Mr.  Field,  reported  the 
adoption  of  the  following  amendment  to  section  4: 

Insert  after  the  word  "education"  in  second  line,  the  words 
"  for  each  county,"  and  that  the  proviso  be  placed  at  the  end 
of  the  section,  after  the  words  "  prescribed  by  law,"  and  that 
the  words  "after  the  year,  A.  D.  1872,  "  be  stricken  out,  and 
recommend  the  adoption  of  the  report; 

And  under  the  operation  of  the  previous  question,  the  report 
was  adopted,  and  section  4,  as  amended  was  adopted,  by  the 
following  vote : 

Yeas— Messrs.  Ballard,  Beam,  Castello,  Chappell,  Clarke,  Com- 
bash, Cunningham,  Dalton,  Dowd,  Elliott  James,  Field,  Gibbs, 
Goss,  Hemmingway,  Herbert,  Howe,  Jacobs,  Johnson  S.,  Jones, 
Kerr,  Lack,  Mayson,  Mask,  Montgomery,  Miles,  McCutchen,  Mc- 
Knight, Parsons  F.,  Parsons  J.  R.,  Peyton  E.  G.,  Quinn,  Rails- 
back,  Richardson,  Smith,  Stites,  Stiles,  Townsend,  Williams, 
Woodmansee,  and  Yeoman— 40. 


3G5 


Nays— Messrs."  Alcorn,  Barry,  Brinson,  Caldwell,  Johnson  A.5 
Lawson,  Leas,  Mygatt,  McKee,  Peyton  E.  A.,  Stewart,  Stringer, 
and  Warren — 13. 

Mr.  Castello  moved  to  reconsider  the  vote  adopting  section  4 
as  amended. 

A  motion  to  table  the  motion  to  reconsider,  was  lost, 
And  the  motion  to  reconsider  was  lost,  by  the  following  vote : 
Yeas — Messrs.  Alcorn,  Barry,  Brinson,  Caldwell,  Castello, 
Chapman,  Clarke,  Combash,  Dowd.  Jacobs,  Johnson  A.,  Law- 
son,  Leas,  Mayson,  Miles,  Mygatt,  McKee,  Peyton  E,  A.? 
Quinn,  Kailsback,  Stewart,  Stites,  Stringer,  Warren,  Y/illiams, 
and  Yeoman — 26. 

Nays — Messrs.  Ballard,  Beam,  Chappell,  Cunningham,  Dal- 
ton,  Elliott  James,  Field,  Gibbs,  Goss,  Hemrningway,  Herbert, 
Howe,  Johnson  S.,  Jones,  Kerr,  Lack,  Mask,  Montgomery,  Mc~ 
Cutchen,  McKnight,  Parsons  F.,  Parsons  J.  K.,  Peyton  E.  G., 
Richardson,  Smith,  Stiles,  Townsend,  and  Woodmansee— 28. 
And  section  4  reads  as  follows : 

Sec.  4.  There  shall  be  a  Superintendent  of  Public  Education 
for  each  county,  who  shall  be  appointed  by  the  Board  of  Educa- 
tion, by  and  with  the  advice  and  consent  of  the  Senate,  whose 
term  of  office  shall  be  two  years,  and  whose  compensation  and 
duties  shall  be  prescribed  by  law;  Provided,  That  the  Legisla- 
ture shall  have  power  to  make  said  office  of  County  School 
Superintendent  of  the  several  counties  elective,  as  other  county 
officers  are. 

On  motion  of  Mr.  Castello,  the  report  was  read  by  its  title 
the  third  time,  and  passed  as  a  whole. 

On  motion  o  f  Mr.  Clarke^  it  was  referred  to  the  committee  on 
Form  and  Arrangement. 

Mr.  Parsons,  of  Adams,  moved  to  suspend  the  rules,  to  per- 
mit him  to  introduce  a  resolution; 

Which  was  lost, 

Mr.  Cunningham  moved  to  suspend  the  rules  to  permit  him 
to  introduce  a  resolution; 
Which  was  carried. 

And  Mr.  Cunningham  offered  the  following! 

Resolved,  That  the  committee  on  Printing  instruct  the  Con- 
vention Printer  to  print  a  sufficient  number  of  copies  of  the 
tax  bill,  and  all  necessary  notices,  for  distribution  to  the  Sher- 
iffs of  the  State. 

Mr.  Parsons,  of  Adams,  offered  the  following  as  an  amend- 
ment to  the  resolution : 

Resolved,  That  Gen.  Gillem  be  requested  to  issue  an  order 
directing  the  State  officers  to  perform  all  duties  required  of 
them  hy  tax  ordinance  passed  February  27th,  not  alluded  to 
in  General  Orders  No.  10,  and  that  Sheriffs  procure  the  blanks 
necessary  to  collect  the  tax  on  cotton,  and  that  the  Secretary 
forward  a  copy  of  this  resolution  to  Gen.  Gillem ;  and,  be  it 
further 

Resolved,  That  1,500  copies  of  the  tax  ordinance  passed 
February  27,  1868,  and  the  amendment  to  the  ordinance  a? 


366 


passed,  together  with  General  Orders  No.  10,  current  series, 
Headquarters,  Fourth  Military  District,  therewith,  be  published 
in  pamphlet  form  for  the  information  of  the  people. 

The  original  resolution,  and  the  amendment  of  Mr.  Parsons, 
were  lost — no  quorum  voting. 

Mr.  Castello  moved  to  suspend  the  rules  to  permit  him  to 
introduce  a  resolution. 

A  motion  to  adjourn  was  lost. 

A  motion  to  suspend  the  rules  was  lost. 

Mr.  McKee  moved  to  suspend  the  rules  to  permit  him  to 
introduce  a  resolution. 

Rules  suspended,  and  Mr.  McKee  introduced  the  following: 
Besolved,  That  the  Finance  Committee  be  instructed  to  con- 
fer with  the  State  Auditor,  and  ascertain  whether  he  will  or 
will  not  comply  with  the  requirements  of  section  19  of  the 
tax  ordinance;  the  committee  to  report  at  the  afternoon  ses- 
sion. 

Which  was  adopted. 

The  Convention  adjourned  until  3  o'clock  p.  m. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alcorn,  Ballard,  Barry,  Beam,  Brin- 
son,  Caldwell,  Castello,  Chapman,  Clarke,  Combash,  Cunning- 
ham, Dalton,  Dowd,  Elliott  James,  Field,  Gibbs,  Goss,  Hem- 
ming way,  Herbert,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A., 
Jones,  Kerr,  Lack,  Leas,  Longmire,  Mayson,  Mask,  Musgrove, 
Montgomery,  Miles,  Myers,  Mygatt,  McKee,  McKnight,  Par- 
sons F.,  Parsons  J.  P.,  Peyton  E.G.,  Phillips,  Powell,  Smith, 
Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Town  send,  Walker, 
Warren,  Williams,  Woodmansee,  and  Yeoman — 55. 

The  following  delegates  were  absent: 

Messrs.  Alderson,  Bonney,  Bridges,  Chappell,  Collins,  Comp- 
ton,  Conley,  Drane,  Elliott  John,  Fawn,  Fitzhugh,  Gaither, 
Gray,  Handy,  Hauser,  Holland,  Howe,  Jamison,  Lawson,  Leon- 
ard, Moore,  Morgan,  Neilson,  Nelms,  Nesbitt,  Newsom,  Orr, 
Ozanne,  Peyton  E.  A.,  Quinn,  Railsback,  Rainey,  Richardson, 
Stricklin,  Toy,  Vaughan,  Watson,  and  Weir — 39. 

Mr.  Alderson  moved  to  suspend  the  rules  to  enable  him  to 
call  up  the  communication  of  the  Public  Printer,  submitted 
February  25,  1868. 

Rules  suspended,  and  Mr.  Musgrove  moved  to  refer  to  com- 
mittee on  Printing; 

Which  was  carried. 

The  Convention  proceeded  to  the  consideration  of  the  re- 
port of  the  committee  on  the  Executive  Department,  which 
was  on  its  third  reading  by  sections. 

Section  1  was  adopted  as  printed,  and  reads  as  follows : 
Section  1.  The  chief  executive  power  of  this  State  shall 


367 


be  vested  in  a  Governor,  who  shall  hold  his  office  for  four 
years,  from  January  1,  A.  D.  1869. 

Section  2  was  adopted  as  printed,  and  reads  as  follows: 
Section  2.  The  Governor  shall  be  elected  by  the  qualified 
electors  of  the  State.  The  returns  of  every  election  for  Gov- 
ernor shall  be  sealed  up  and  transmitted  to  the  seat  of  govern- 
ment, directed  to  the  Secretary  of  State,  who  shall  deliver 
them  to  the  Speaker  of  the  House  of  Representatives  at  the 
next  ensuing  session  of  the  Legislature,  during  the  first  week 
of  which  session,  the  said  Speaker  shall  open  and  publish 
them  in  the  presence  of  both  houses  of  the  Legislature.  The 
person  having  the  highest  number  of  votes  shall  be  Governor  ; 
but  if  two  or  more  shall  be  equal  and  highest  in  votes,  then 
one  of  them  shall  be  chosen  Governor  by  the  joint  ballot  of 
both  houses  of  the  Legislature.  Contested  elections  for  Gov- 
ernor shall  be  determined  by  both  houses  of  the  Legislature 
in  such  manner  as  shall  be  prescribed  by  law. 

Section  3  was  adopted  as  printed,  and  reads  as  follows : 
Sec.  3.    The  Governor  shall  be  at  least  thirty  years  of  age. 
and  shall  have  been  a  citizen  of  the  United  States  twenty 
}Tears,  shall  have  resided  in  this -State  two  years  next  prece- 
ding the  day  of  his  election. 

Section  4  was  adopted  as  printed,  and  reads  as  follows: 
Sec.  4.    He  shall  receive  for  his  services  such  compensation 
as  shall  be  provided  by  law. 

The  vote  adopting  section  1  was  reconsidered. 
Mr.  Cunningham  moved  to  strike  out  all  after  '-years,**  in 
the  fourth  line; 

Which  was  carried. 

Mr.  Townsend  moved  to  amend  section  1  (one),  as  fol- 
lows : 

Insert  after  the  word  "  years,"  the  words,  "  from  the  date 
of  his  installation." 

Mr.  Castello  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  carried. 

Mr.  Cunningham  moved  to  amend  as  follows : 

From  the  date  of  his  election; 

Which  was  laid  on  the  table. 

Mr.  Clark  moved  to  amend  as  follows : 

From  Januaiy  1st  succeeding  his  election. 

Mr.  Cunningham  moved  to  amend  as  follows : 

Provided,  That  the  first  Governor  elected  urder  this  Consti- 
tution shall  hold  his  office  for  four  years,  from  Januarv  1st. 
A.  D.  1869, 

A  motion  to  adjourn  was  lost. 

And  the  amendment  of  Mr.  Cunningham  was  laid  on  the 
table. 

Mr.  Leas  offered  as  an  amendment  to  the  amendment  by  Mr. 
Clarke,  and  by  him  accepted,  the  following: 

From  the  second  Tuesday  of  Januaiy  next  succeeding  his 
election ; 

Which  was  lost. 


388 


Convention  adjourned  until  to-morrow  morning,  at  9  o'clock, 

T.  P.  Sears. 

Secretary, 


SIXTY-FIRST  DAY. 

Jackson,  Miss.,  Tuesda}r,  March  17th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam, 
Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke,  Combash,  Compton,  Dalton,  Dowd,  Drane,  Elliott  Jas., 
Field,  Gaither,  Gibbs,  Goss,  Hauser,  Hemmingway,  Herbert, 
Howe,  Hutto,  Jacobs,  Johnson  A.,  Jones,  Kerr,  Lack,  Lawson, 
Leas,  Longmire,  Mayson,  Mask,  Musgrove,  Montgomery,  Miles, 
Myers,  Mygatt,  McCntchen,  Newsom,  Parsons  F.,  Parsons  J. 
R,,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Powell,  Quinn,  Rails- 
back,  Richardson,  Smith,  Stewart,  Stites,  S  to  vail,  Stringer, 
Stiles,  Townsend,  Toy,  Walker,  Warren,  Williams,  Woodman- 
see,  and  Yeoman — 66. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Bonney,  Collins,  Conley,  Cunningham, 
Drane,  Elliott  John,  Fawn,  Fitzhugh,  Gray,  Handy,  Holland, 
Jamison,  Job  son  S.,  Leonard,  Moore,  Morgan,  McKee, 
McKnight,  Neilson,  Nelms,  Nesbitt,  Orr,  Ozanne,  Rainey, 
Stricklin,  Vaughan,  Watson,  and  Weir — 28. 
Journal  of  yesterday  read  and  approved. 
Leaves  of  absence  were  granted  to  Mr.  Fawn  for  four  days, 
and  to  Mr.  McKee  for  one  day. 

The  President  announced  the  following  committee  on  Eiec- 
tions,  in  accordance  with  the  preamble  and  resolution  of  Mr. 
Gibbs,  introduced  on  yesterday: 

Mr.  Gibbs,  of  Wilkinson, 

Chairman, 
Mr.  Barry,  of  Holmes; 
Mr.  Bridges,  of  Choctaw; 
Mr.  Stringer,  of  Warren. 
The  committee  on  Printing  submitted  the  following  report: 

To  the  Hon,  President  and  Members  of  the  Mississippi  Consti- 
tutional Convention  : 

The  committee  on  Printing,  to  whom  was  referred  the  com- 
munication of  the  Public  Printer,  beg  leave  to  make  the  fol- 
lowing report: 

That  the  manner  in  which  the  reports  are  required  to  be 
printed  in  the  ordinance  relating  to  printing,  passed  February 


369 


8,  1868,  was  not  in  accordance  with  the  established  style  of  the 
reports  as  they  had  been  furnished  to  the  Convention  prior  to 
the  passage  of  the  ordinance  relating  thereto ;  further,  the  re- 
quirements of  the  ordinance  would  occupy  the  entire  page, 
thereby  leaving* no  room  for  amendments.  There  seems  to  be 
no  occasion  to  call  the  attention  of  the  Convention  to  the  man- 
ner  in  which  the  reports  are  furnished. 

Upon  further  examination  of  the  ordinance,  the  committee 
rind  that  the  Journal  is  required  to  be  printed  in  brevier  type, 
and  in  double  columns,  thirty-six  ems  in  width,  and  fifty-five 
ems  in  length. 

This  style  is  not  uniform  in  size  with  former  journals  of 
the  Legislature  and  Conventions  of  this  State,  and  your  com- 
mittee are  of  opinion  that  no  more  matter  would  be  contianed 
on  a  page  than  upon  the  pages  of  said  journals. 

The  committee  also  find,  that  by  the  ordinance  passed 
February  8,  1868,  all  accounts  for  printing  require  the  certifi- 
cate of  the  committee  on  Printing,  as  to  their  correctness,  be- 
fore payment  can  be  made  ;  as  the  committee  will  cease  to  exist 
on  the  adjournment  of  the  Convention,  and  its  members  scat- 
tered in  different  parts  of  the  State,  your  committee  are  of 
opinion  that  some  provision  should  be  made  to  meet  the  con- 
tingency likely  to  occur. 

They,  therefore,  submit  the  following  ordinance,  and  recom- 
mend its  adoption : 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of 
31ississippi,  in  Convention  assembled,  That  for  all  bills,  ordi- 
nances, and  resolutions  printed  in  bill  form  by  direction  of  the 
Convention,  the  Official  Printer  shall  be  paid  per  page,  such 
compensation  as  is  allowed  for  said  printing  by  the  provisions 
of  section  2,  of  the  ordinance  passed  by  this  Convention, 
February  8,  1868. 

Sec.  2.  Be  it  further  ordained,  That  the  Official  Journal, 
Ordinances,  and  the  Constitution  submitted  by  the  Convention, 
shall  be  twenty-eight  ems  wide,  and  fifty-one  ems  in  length, 
and  printed  in  single  column.  The  proceedings  to  be  set  in 
small  pica  type  leaded,  and  the  debates  and  ordinances,  in  long 
primer  type  solid. 

Sec.  3.  Be  it  further  ordained,  That  after  the  adjournment 
of  this  Convention  and  the  Constitution  shall  have  been  sub- 
mitted to  the  electors  of  the  State  for  ratification  or  rejection, 
all  accounts  for  printing  shall  be  certified  to  by  the  President 
and  Secreatary  of  this  Convention  as  being  correct,  before 
warrants  shall  be  issued  in  payment  thereof. 

Sec.  4.  Be  it  further  ordained,  That  all  ordinances  or  parts 
of  ordinances  conflicting  with  any  of  the  provisions  of  this 
ordinance,  be,  and  the  same  are  hereby  repealed. 

E  J.  Castello, 
Chairman  pro  tern. 

Report  received,  lies  over  under  the  rules,  and  100  copies 
ordered  to  be  printed. 
C— 24 


370 


Mr.  Parsons,  of  Adams,  moved  to  suspend  the  rules,  to  enable 
him  to  introduce  a  resolution; 
Which  was  carried. 

The  resolution  reads  as  follows :  , 
Resolved,  That  one  thousand  copies  of  the  Tax  Ordinance, 
with  the  amendment,  together  with  General    Order  No.  10, 
from  Headquarters  Fourth  Military  District,  be  printed  for 
general  circulation. 
Which  was  adopted. 

The  Convention  resumed  the  consideration  of  section  1,  of 
the  report  of  the  Executive  Committee,  which  report  was  upon 
its  third  reading. 

And  section  1  was  adopted,  and  reads  as  follows: 

Sec.  1.  The  chief  executive  power  of  this  State  shall  be 
vested  in  a  Governor,  who  shall  hold  his  office  for  four  years. 

Section  5  was  adopted,  and  reads  as  follows : 

Sec.  5.  He  shall  be  Commander-in-Chief  of  the  army  and 
navy  of  the  State,  and  of  the  militia,  except  when  they  shall 
be  called  into  the  service  of  the  United  States. 

Section  6  was  adopted,  and  reads  as  follows : 

Sec.  6.  He  may  require  information,  in  writing,  from  the  offi- 
cers in  the  Executive  Department  on  any  subject  relating  to 
the  duties  of  their  respective  offices. 

Section  7: 

Mr.  Musgrove  moved  to  amend  as  follows : 
Strike  out  all  after  the  word  "  at,"  in  third  line,  to  the  word 
uthe,"  in  fourth  line; 
Which  was  carried. 

Mr.  Gaither  moved  to  amend  the  section  as  follows : 
Strike  out  the  words  "  since  their  last  adjournment,"  in  sixth 
and  seventh  lines; 
Which  was  carried. 

And  section  7  was  adopted  as  amended,  and  reads  as  follows : 

Sec.  7.  He  may,  in  cases  of  emergency,  convene  the  Legisla- 
ture at  the  seat  of  government,  or  at  a  different  p^ace,  if  that 
shall  have  become  dangerous  from  an  enemy,  or  from  disease; 
and  in  case  of  disagreement  between  the  two  houses  with  respect 
to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he 
shall  think  proper,  not  beyond  the  day  of  the  next  stated 
meeting  of  the  Legislature. 

Section  8  was  adopted,  and  reads  as  follows : 

Sec.  8.  He  shall,  from  time  to  time,  give  the  Legislature 
Information  of  the  state  of  the  government,  and  recommend  to 
their  consideration  such  measures  as  he  may  deem  necessary  and 
expedient. 

Section  9  was  adopted,  and  reads  as  follows : 
Sec.  9.  It  shall  be  his  duty  to  see  that  the  laws  are  faithfully 
executed. 

Section  10  was  adopted,  and  reads  as  follows : 
Sec.  10.  In  all  criminal  and  penal  cases,  except  in  those  of 
treason  and  impeachment,   he  shall   have   power  to  grant 
reprieves  and  pardons,  and  remit  fines,  and  in  cases  of  forfeit- 


371 


ure,  to  stay  the  collection  until  the  end  of  the  next  session  of 
the  Legislature,  and  to  remit  forfeitures  by  and  with  the  con- 
sent of  the  Senate.  In  cases  of  treason  he  shall  have  power  to 
grant  reprieves  by  and  with  the  consent  of  the  Senate,  but  may 
respite  the  sentence  until  the  end  of  the  next  session  of  the 
Legislature. 

Section  11  was  adopted  as  printed,  and  reads  as  follows : 
Sec.  11.  All  commissions  shall  be  in  the  name  and  by  authori- 
ty of  the  State  of  Mississippi,  be  sealed  with  the  great  seal, 
and  signed  by  the  Governor,  and  be  attested  by  the  Secretary 
of  State. 

Section  12  was  adopted,  and  reads  as  follows : 
Sec.  12.  All  vacancies  not  provided  for  in  this  Constitution, 
shall  be  filled  in  such  manner  as  the  Legislature  may  prescribe. 
Section  13  was  adopted,  and  reads  as  follows : 
Sec  13.  There  shall  be  a  Lieutenant  Governor,  who  shall  be 
elected  at  the  same  time,  in  the  same  manner,  and  for  the  same 
term,  and  shall  possess  the  same  qualifications  as  the  Governor. 
Section  11  was  adopted,  and  reads  as  follows: 
Sec.  14  He  shall,  by  virtue  of  his  office,  be  President  of  the 
Senate.    In  Committee  of  the  Whole,  he  may  debate  on  all 
questions,  and  when  there  is  an  equal  division  in  the  Senate, 
or  on  a  joint  vote  of  both  Houses,  he  shall  give  the  casting  vote. 
Section  15  was  adopted,  and  reads  as  follows: 
Section  15.  He  shall  receive  for  his  services  such  compen- 
sation a3  may  be  provided  by  law. 

Section  16  was  adopted,  and  reads  as  follows: 
Section  16.  When  the  office  of  Governor  shall  become 
vacant  by  death  or  otherwise,  the  Lieutenant  Governor  shall 
possess  the  powers  and  discharge  the  duties  of  said  office,  and 
receive,  the  same  compensation  as  the  Governor,  during  the 
remainder  of  the  said  term.  When  the  Governor  shall  be 
absent  from  the  State,  or  unable,  from  protracted  illness,  to 
perforin  the  duties  of  his  office,  the  Lieutenont  Governor  shall 
discharge  the  duties  of  said  office,  and  receive  said  compensa- 
tion until  the  Governor  be  able  to  resume  his  duties;  but  if. 
from  disability,  or  otherwise,  the  Lieutenant  Governor  shall  be 
incapable  of  performing  said  duties,  or  if  he  be  absent  from 
the  State,  the  President  of  the  Senate  pro  tempore  shall  act  in 
his  stead,  but  if  there  be  no  such  President,  or  if  he  be  dis- 
qualified by  like  disability,  or  be  absent  from  the  State,  then 
the  Speaker  of  the  House  of  Representatives  shall  assume  the 
office  of  Governor  and  perform  said  duties,  and  receive  the 
same  compensation  as  the  Governor,  and  in  case  of  the  inability 
of  the  foregoing  officers  to  discharge  the  duties  of  Governor, 
the  Secretary  of  State  shall  convene  the  Senate  to  elect  a 
President  pro  tempore. 

Section  17  was  adopted  as  printed,  and  reads  as  follows: 
Section  17.  In  case  the  election  for  Lieutenant  Governor 
shall  be  contested  it  shall  be  decided  in  the  same  manner  as 
that  of  the  Governor. 
Section  IS: 


372 


Mr.  Gaither  moved  that  the  Convention  go  into  Committee 
of  the  Whole  on  the  consideration  of  the  above  section ; 
Which  was  carried. 
Mr.  Gibba  in  the  chair; 

And  after  certain  action  had  therein  the  committee  rose  and 
reported  the  following  amendments: 

After  the  word  "  be,"  in  the  third  line,  insert  the  words  w  at 
least,"  and  after  the  words  "  one  \rear,"  in  the  fifth  line,  insert 
the  words  "  next  preceding  the  day  of  his  election,"  and  strike 
out  the  words  "at  the  time  of;" 

Which  was  carried. 

And  strike  out  the  word  "  fair,"  in  the  eighth  line,  and  insert 
the  word  "  correct." 
Which  was  carried. 

And  the  amendments  as  reported  by  the  committee  being- 
adopted  by  the  Convention,  the  section  was  adopted,  as 
amended,  and  reads  as  follows: 

Section  18.  The  Secretary  of  the  State  shall  be  elected  by 
the  qualified  electors  of  the  State,  and  shall  be  at  least  twenty- 
five  years  of  age,  and  a  citizen  of  the  State  one  year  next 
preceding  the  day  of  his  election,  and  shall  continue  in  office 
during  the  term  of  four  years;  he  shall  keep  a  correct  register 
of  all  the  official  acts  and  proceedings  of  the  Governor,  and 
shall,  when  required,  lay  the  same  and  all  papers,  minutes 
and  vouchers  relative  thereto  before  the  Legislature,  and  shall 
perform  such  other  duties  as  may  be  required  of  him  by  law. 

Section  19  was  adopted  as  printed,  and  reads  as  follows : 

Section  19.  There  shall  be  a  seal  of  this  State  kept  and  used 
by  him  officially,  and  be  called  the  Great  Seal  of  the  State  of 
Mississippi. 

Mr.  Townsend  moved  to  transpose  the  numbers  of  sections 
20  and  21 ; 

Which  was  carried. 
Section  20: 

Mr.  Townsend  moved  to  go  into  Committee  of  the  Whole  on 
consideration  of  section  20; 
Which  was  carried. 
Mr.  Musgrove  in  the  chair; 

And  after  certain  action  had  therein  the  committee  recom- 
mended the  adoption  of  the  section,  with  the  following  amend- 
ment : 

Add,  after  the  word  "  State,"  in  the  last  line,  the  words  "  and 
together  with  the  last  named  officer,  shall  receive  such  compen- 
sation as  shall  be  provided  by  law." 

The  report  was  received  and  the  amendment  adopted. 

Section  20  was  adopted,  as  amended,  and  reads  as  follows; 

Sec.  20.  A  State  Treasurer  and  Auditor  of  Public  Accounts 
shall  be  elected  by  the  qualified  electors  of  the  State,  who 
shall  hold  their  offices  for  the  term  of  four  years,  unless 
sooner  removed,  and  shall  possess  the  same  qualifications  as 
the  Secretary  of  State,  and  together  with  the  last  named  officer, 
shall  receive  such  compensation  as  shall  be  provided  by  law. 


373 


Mr.  Chappell  moved  to  reconsider  the  vote  by  which  section 
19  was  adopted; 
Which  was  carried. 

On  motion  of  Mi*.  Compton.  the  Convention  went  into  a 
Committee  of  the  Whole  on  the  consideration  of  the  balance 
of  the  report,  with  Mr.  E.  G.  Peyton  in  the  Chair ;  and  after 
certain  proceedings  had  therein,  the  committee  rose,  and 
through  its  chairman,  reported  the  following  amendment  to 
section  19 : 

After  the  word  t:kept,"  in  the  second  line,  insert  the  words, 
"  by  the  Governor." 

The  report  of  the  committee  was  received  and  adopted. 

And  section  19  was  adopted  as  amended,  and  reads  as  follows : 

Sec.  19.  There  shall  be  a  seal  of  this  State  kept  by  the  Gov- 
ernor, and  used  by  him  officially-,  and  be  called  the  Great  Seal 
of  the  State  of  Mississippi. 

The  committee  further  recommend  that  section  19  be  inserted 
after  section  10  of  the  printed  bill; 

Which  was  carried. 

The  committee  further  recommend  that  section  21  be  so 
amended  as  to  read  as  follows: 

Szc,  21.  A  Sheriff  and  one  Coroner,  a  Treasurer,  an  Assess*  >r, 
and  Surveyor,  shall  be  elected  in  each  county  by  the  qualified 
electors  thereof,  who  shall  hold  their  offices  tor  two  years, 
unless  sooner  removed. 

The  report  of  the  committee  was  adopted. 

The  committee  further  recommend  that  section  22  of  the 
printed  bill  be  so  amended  as  to  read  as  follows: 

Sec,  22.  All  officers  named  in  this  article  shall  hold  their 
-offices  during  the  term  for  which  they  were  elected,  unless 
removed  by  impeachment  or  otherwise,  and  until  their  suc- 
cessors shall  be  duly  qualified  to  enter  on  the  discharge  of 
their  separate  duties. 

The  report  of  the  committee  was  adopted. 

And  the  committee  further  recommend  that  section  23  be 
stricken  out. 

Report  received  and  adopted. 

Mr.  Parsons,  of  Adams,  moved  to  reconsider  the  vote  adopt- 
ing section  14: 
Which  was  lost, 

Mr.  Leas  moved  to  adopt  the  report  as  a  whole; 
Which  was  carried. 

Mr.  Castello  moved  to  refer  the  report  to  the  committee  on 
Form  and  Arrangement; 
Which  was  carried. 

The  report  in  relation  to  establishing  certain  official  papers, 
came  up,  and  on  motion,  was  indefinitely  postponed. 

The  rules  were  suspended  to  permit  the  committee  on  the 
Judiciary  to  submit  the  following  supplemental  report: 
_  Section  16.  A  Probate  Court  shall  be  established,  with  juris- 
diction in  all  matters  testamentary,  and  of  administration,  in 
minors"  business,  and  allotment  of  dower,  and  in  cases  of 
idiocy,  lunacy,  and  persons  non  compos  mentis. 


374 


Sec.  17.  The  Legislature  shall  divide  the  State  into  a  conven- 
ient number  of  Probate  Districts,  to  be  composed  of  not  more 
than  five  counties.  The  Judges  of  Probate  Courts  shall  be 
appointed  in  the  same  manner  as  Circuit  Judges  are,  and  shall 
have  the  same  qualifications,  and  hold  their  offices  for  the  term 
of  two  years.  They  shall  hold  a  court  in  each  county  at  least 
four  times  a  year,  and  shall  receive  such  compensation  as  may 
be  fixed  by  law. 

Sec.  18.  The  Clerk  of  the  High  Court  of  Errors  and  Ap- 
peals, shall  be  appointed  by  said  Court  for  the  term  of  four 
years;  and  the  Clerks  of  the  Circuit  and  other  inferior  courts, 
shall  be  elected  by  the  qualified  electors  of  their  several  coun- 
ties or  districts,  and  shall  hold  their  offices  for  the  term  of 
two  years.  The  duties  of  the  Probate  Clerks  in  vacation  may 
be  specially  provided  for  by  law,  subject  to  revision  or  appro- 
val of  the  Probate  Judge. 

A.  Alderson, 
E.  G.  Peyton. 

The  report  was  received,  and  under  the  rules  lies  over,  and 
100  copies  ordered  to  be  printed. 

The  Convention  adjourned  until  3  o'clock. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke,  Combash,  Compton,  Dalton,  Dowd,  Drane,  Elliott  James, 
Fawn,  Field,  Gaither,  Gibbs,  Goss,  Hauser,  Hemmingway,  Her- 
bert, Howe,  Hutto,  Jacobs,  Jamison,  Johnson  A.,  Jones,  Kerr, 
Lack,  Lawson,  Leas,  Leonard,  Longmire,  Mayson,  Mask,  Mus- 
grove,  Montgomery,  Miles,  Moore,  Myers,  Mygatt,  McCutchen, 
Parsons  F.,  Peyton  E.  G.,  Phillips,  Powell,  Quinn,  Railsbaek, 
Richardson,  Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,. 
Townsend,  Toy,  Walker,  Warren,  Williams,  Woodmansee,  and 
Yeoman — 68. 

The  following  delegates  were  absent : 

Messrs.  Bonney,  Collins,  Conley,  Cunningham,  Elliott  John, 
Fitzhugh,  Gray,  Handy,  Holland,  Johnson  S.,  Morgan,  McKee, 
McKnight,  Neilson,  Nelms,  Nesbitt,  Newsom,  Orr,  Ozanne,  Par- 
sons J.  R.,  Peyton  E.  A.,  Rainey,  Stricklin,  Yaughan,  Watson, 
and  Weir— 26. 

The  rules  were  suspended  to  take  up  and  consider  the  ordi- 
nance submitted  by  the  committee  on  Printing  this  morning. 

Read  the  first  time  and  the  further  consideration  was  post- 
poned until  printed. 

The  report  of  the  committee  on  General  Provisions  was  taken 
up  and  passed  its  first  reading. 

Mr.  Gibbs  moved  that  the  rules  be  suspended  that  the  report 
may  be  put  upon  its  second  reading; 

Which  was  carried. 


375 


Mr.  Gibbs  moved  that  the  Convention  go  into  CcJmniittee  of 
the  W'hole  for  the  consideration  of  the  report; 
Which  was  carried. 
Mr.  Musgrove  in  the  chair  ; 

The  committee  rose  and  reported  progress,  and  asked  leave 
to  sit  again. 

Report  received  and  request  granted. 

The  Convention  adjourned  until  to-ir.orrow  morning  at  9 
o'clock,  A.  AT. 

T.  P.  Sears, 
Secretary. 


SIXTY-SECOND  D^Y. 
Jackson,  Miss,,  Wednesday  March  18th,  186S. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain, 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alcorn,  Ballard,  Barry,  Beam,  Bridges. 
Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Com- 
bash,  Compton,  Dalton,  Dowd,  Drane,  Elliott  James,  Gaitker, 
Gibbs,  Goss,  Hand}',  Hauser,  Hemmingway,  Herbert,  Howe 
Hutto,  Jacobs,  Jamison,  Johnson  A.,  Jones,  Kerr,,  Lack,  Law 
son,  Leas,  Leonard,  Longmire,  Mayson,  Mask,  Musgrove. 
Montgomery,  Miles,  Moore,  Morgan,  Myers,  Mygatt,  Mc- 
Cutchen,  McKee,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A,,  Pey- 
ton E.  G,,  Phillips,  Powell,  Quinn,  Railsback,  Richardson, 
Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Townsend,  Toy. 
Warren,  Williams,  Woodmansee,  and  Yeoman — 70. 

The  following  delegates  were  absent: 

Messrs.  Bonney,  Collins,  Conley,  Cunningham,  Elliott  John, 
Fawn,  Field,  Fitzhugh,  Gray,  Holland,  Johnson  S.,  McKnight 
Neilson,  Nelms,  Nesbitt,  Newsom,  Orr,  Ozanne,  Rainey,  Strick- 
lin,  Vaughan,  Walker,  Watson,  and  Weir — 24. 

Journal  of  yesterday  read  and  approved. 

Leave  of  absence  was  granted  Mr.  Ozanne  for  one  day, 

Mr.  F,  Parsons,  from  the  committee  on  Judiciary  submitted 
the  following  report: 

To  the  President  and  Members  of  the  Convention : 

As  a  part  of  your  committee  to  whom  was  referred  the  re- 
maining part  of  the  Judiciary  report  not  adopted,  and  in 
accordance  with  your  instructions,-  I  beg  leave  to  submit  the 
following  report 

Fked.  Parsons. 


376 


Section.  — .  Chancery  Courts  shall  be  established  in  each 
county  in  this  State,  with  full  jurisdiction  in  all  matters  of 
equity,  and  of  divorce  and  alimony.  The  Circuit  Court  Judge 
shall  be  the  Chancellor  of  these  Courts  in  his  District,  and 
the  said  Chancery  Courts  shall  be  held  at  the  same  time  and 
place  that  the  Circuit  Courts  are  held. 

Sec.  — .  A  Court  of  Probate  shall  be  established  in  each 
county  of  this  State,  with  jurisdiction  in  all  matters  testa- 
mentary, or  of  administration  in  orphans'  business  and  allot- 
ment of  dower,  in  cases  of  idiocy  and  lunacy,  and  of  persons 
non  compos  mentis.  The  Judge  of  tne  Law  Court  shall  be 
elected  hy  the  qualified  electors  of  the  respective  counties  for 
the  term  of  four  years,  and  until  his  successor  shall  be  elected 
and  qualified. 

Sec.  — .  The  Clerk  of  the  High  Court  of  Errors  and  Appeals 
shall  be  appointed  by  the  said  Court  for  the  term  of  four  years, 

Sec.  — .  There  shall  be  a  Clerk  of  the  Circuit  Court  elected 
in  each  county  by  the  qualified  electors  thereof,  who  shall,  also 
be  ex  officio  Clerk  of  the  Probate  Court,  and  shall  hold  his 
office  for  two  years,  and  until  his  successor  shall  be  elected  and 
qualified;  in  case  of  a  vacancy  in  said  office,  the  Board  of  County 
Supervisors  shall  have  power  to  appoint  a  Clerk,  until  the 
vacancy  can  be  filled  by  election. 

Sec.  — .  The  style  of  all  process  shall  be  "the  State  of  Mis- 
sissippi," and  all  prosecutions  shall  be  carried  on  in  the  name 
and  by  the  authority  of  "  the  State  of  Mississippi,"  and  shall 
conclude  "  against  the  peace  and  dignity  of  the  same." 

Sec.  — .  The  qualified  electors  of  each  county  shall  elect 
five  persons  .by  districts  for  the  term  of  two  years,  who  shall 
constitute  a  Board  of  Supervisors  for  each  county,  a  majority 
of  whom  may  transact,  business,  which  body  shall  have  full 
jurisdiction  over  roads,  fences,  highwaj^s,  and  bridges,  and  all 
other  matters  of  county  business,  and  shall  order  all  county 
elections  to  fill  vacancies  that  may  arise  in  their  respective 
counties, 

Sec.  — .  No  person  shall  be  eligible  as  a  member  of  said 
•Befard  of  Supervisors  who  shall  riot  have  resided  in  the  county 
one' jy  ear,  but  this  qualification  shall  not  extend  to  such  new 
counties  as  may  hereafter  be  established  until  one  year  after 
their  organization,  and  all  vacancies  that  may  occur  in  said 
Board  shall  be  supplied  by  election  as  aforesaid  to  fill  the  un- 
expired term. 

'Secv — .  The  Judges  of  all  the  courts  of  this  State,  and  also 
the  members  of  the  Board  of  County  Supervisors  in  virtue  of 
their  offices  shall  be  conservators  of  the  peace,  and  shall  be  by 
law  vested  with  ample  powers  in  this  respect. 

Sec.  — A  competent  number  of  Justices  of  the  Peace,  and 
t.xnMables  shall  be  elected  in  each  county  by  the  qualified 
eledt5fe  thereof  by  districts,  who  shall  hold  their  offices  for 
tie  tMmW  two  years;  the  jurisdiction  of  the  Justices  of  the 
Peace  shall  be  limited  by  law  to  causes  in  which  the  principal 
of  the~%~m%unt  in  controversy  shall  not  exceed  the  sum  of  one 


377 


hundred  and  fifty  dollars;  in  all  cases  tried  by  a  Justice  of  the 
Peace,  the  right  of  appeal,  except  when  the  amount  in  contro- 
versy shall  not  exceed  twenty  dollars,  shall  be  secured  under 
such  rules  and  regulations  as  shall  be  prescribed  by  law. 

Sec.  — .  The  Legislature  shall  from  time  to  time  establish 
such  other  courts  as  may  be  necessary,  and  abolish  the  same 
whenever  they  shall  deem  it  expedient. 

Sec. — There  shall  be  an  Attorney  General  elected  by  the 
qualified  electors  of  the  State,  and  a  County  Attorney  for  each 
county  shall  be  elected  by  the  qualified  electors  of  the  respec- 
tive counties,  whose  term  of  office  shall  be  four  years,  and 
whose  compensation  shall  be  prescribed  by  law. 

Sec. —  The  Legislature  shall  provide  by  law  for  determining 
contested  elections. 

Sec. —  Judges  of  Probate,  Clerks,  Sheriffs,  and  other  county 
officers  for  wilful  neglect  of  duty  or  misdemeanor  in  office, 
shall  be  liable  to  presentment  or  indictment  by  a  grand  jury 
and  trial  by  petit  jury,  and,  upon  conviction,  shall  be  removed 
from  office. 

Sec —  The  Legislature  at  its  first  session  after  the  adoption 
of  this  Constitution,  shall  provide  for  the  appointment  of  three 
Commissioners  whose  duty  it  shall  be  to  inquire  into,  revise 
and  simplify  the  rules  of  practice,  pleadings,  forms,  and  pro- 
ceedings, and  arrange  a  system  adopted  to  the  courts  of 
record  of  this  State,  and  report  the  same  to  the  Legislature, 
subject  to  their  modification  and  adoption;  and  such  com- 
mission shall  terminate  upon  the  rendering  of  the  report, 
unless  otherwise  provided  by  law. 

Sec —  The  testimon}*  in  causes  in  equity,  shall  be  taken  in 
like  manner  as  in  cases  at  law,  and  the  office  of  Master  in 
Chancery  or  Chancellor  is  hereby  prohibited. 

Sec —  The  Legislature  shall  have  the  power,  if  necessary,  to 
impose  a  tax  on  all  civil  suits  commenced  or  prosecuted  in  any 
court  of  record,  which  shall  constitute  a  fund  to  be  applied 
towards  payment  of  the  salaries  of  Judges. 

Report  received  and,  under  the  rules,  lies  over,  and  one  hun- 
dred copies  ordered  to  be  printed. 

Mr.  Gibbs,  of  the  same  committee,  submitted  the  following: 

To  the  Honorable  President  and  Members  of  the  Constitutional 
Convention: 

The  undersigned,  a  member  of  the  committee  to  whom  was 
referred  a  portion  of  the  Judiciaiy  report,  begs  leave  to  recom- 
mend that  the  original  report  of  the  committee  be  adopted, 
with  the  single  change  of  the  times  of  holding  the  Circuit 
Courts,  and  recommends  that  said  courts  be  held  at  least  three 
times  in  each  count}7  during  each  year. 

Respectfullv, 

W.  H.  Gibbs*. 

Report  received  and  ordered  to  be  printed  with  the  report 
of  Mr.  Parsons. 


378 


Mr.  Dowel  moved  that  a  committee  of  five  be  appointed  on 
County  Boundaries; 
Which  was  carried. 

Mr.  Castello  introduced  the  following: 

Besolved,  That  the  Public  Printer  be  directed  to  furnish  the 
State  Auditor  with  such  blanks  as  may  be  required  for  the 
collection  of  the  Convention  tax. 

Which  was  adopted. 

Mr.  Clarke  moved  that  the  Convention  resolve  itself  into  a 
Committee  of  the  Whole  to  take  up  and  consider  report  of 
committee  on  General  Provisions; 

Which  was  carried. 

Committee  rose  and  recommended,  through  their  chairman, 
Mr.  Alderson,  that  section  3  of  the  report  of  committee  on 
General  Provisions  be  indefinitely  postponed; 

Report  received. 

Mr.  Clarke  moved  to  suspend  the  rules  so  as  to  take  up 
report  of  committee  on  Franchise; 
Which  was  lost. 

Mr.  Gibbs  moved  to  adopt  the  report  of  Committee  of  the 
Whole  on  General  Provisions. 

Mr.  Townsend  moved  to  amend  by  referring  back  to  Com- 
mittee of  the  Whole; 

Which  was  carried. 

Mr.  Gibbs  moved  to  go  into  Committee  of  the  Whole. 
Mr.  McKee  moved  to  table ; 
Which  was  carried. 

Mr.  Gibbs  moved  to  go  into  Committee  of  the  Whole  on 
report  of  committee  on  Franchise; 
Which  was  carried. 
Mr.  Musgrove  in  the  chair; 

After  certain  action  had  therein,  the  committee  rose,  report- 
ed progress,  and  through  their  chairman,  asked  leave  to  sit 
again. 

Report  received,  and  request  granted. 

Mr.  E.  G.  Peyton  moved  to  take  up  the  majority  report  of 
the  committee  on  Franchise,  read  it  by  sections,  and  act  upon 
the  same. 

Pending  which,  the  Convention  adjourned  until  3  o'clock 

P.  M. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs,  Alderson,  Ballard,  Barry,  Beam,  Bridges, 
Brinson,  Caldwell,  Castello,  Chapman,  Clarke,  Combash,  Comp- 
ton,  Dalton,Dowd,  Drane,  Elliott  James,  Gaither,  Gibbs,  Goss, 
Hatidy,  Hauser,  Hemmingway,  Herbert,  Howe,  Hutto,  Jacobs, 
Johnson  A.,  Jones,  Kerr,  Lack,  Lawson,  Leas,  Longmire,  May- 
son,  Mask,   Musgrove,   Montgomery,  Miles,  Moore,  Myers, 


379 


Mygatt,  McCutchen,  McKee,  Parsons  F.,  Parsons  J.  P.,  Peyton 
E.  A.,  Peyton  E.  G.,  Phillips,  Powell,  Pailsback,  Richardson, 
Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Townsend,  Toy, 
Walker,  Warren,  Williams,  Woodmansee,  Yeoman — 67. 
The  following  delegates  were  absent: 

Messrs.  Alcorn,  Bonney,  Chappell,  Collins,  Conley,  Cunning- 
ham, Elliott  John,  Fawn,  Field,  Fitzhugh,  Gray,  Holland,  Jami- 
son, Johnson  S.,  Leonard,  McKnight,  Neilson,  Nelms,  Nesbitt, 
Newsom,  Orr,  Ozanne,  Rainey,  Stricklin,  Vaughan,  Watson, 
Weir— 27. 

Leave  of  absence  was  granted  to  Mr.  Field  for  three  days. 

The  motion  pending  on  the  adjournment  this  morning  being 
considered,  it  was  carried. 

Mr.  Parsons,  of  Adams,  moved  to  suspend  the  rules,  to  per- 
mit Mr.  Peyton,  of  Hinds,  to  introduce  a  resolution; 

Which  was  carried. 

Mr.  Peyton,  of  Hinds,  offered  the  following: 

Resolved,  That  the  Auditor  of  this  Convention  be  author- 
ized to  issue  to  the  Convention  Printer,  an  order  for  one  thous- 
and dollars,  on  account  of  printing  done  for  the  Convention. 

Mr.  McKee  moved  to  lay  the  resolution  on  the  table; 

Which  was  lost. 

Mr.  Compton  moved  to  refer  to  the  Committee  on  Printing, 
with  directions  to  approve  the  same,  if  the  amount  is  due  the 
printer. 

Mr.  Parsons,  of  Adams,  moved  to  lay  the  motion  on  the 
table;' 

Which  was  carried. 

And  the  resolution  of  Mr.  Peyton  was  adopted. 
Mr.  Townsend  moved  to  suspend  the  rules,  to  enable  him  to 
introduce  a  resolution; 
Which  was  carried: 

Besolved,  That  during  the  absence  of  the  Chairman  of  the 
Committee  on  Printing,  the  next  named  person  on  the  list  be 
authorized  and  instructed  to  act  as  Chairman. 

Mr.  Compton  moved  to  amend  as  follows: 

"And  if  the  said  successor  to  the  Chairman  does  not  feel 
competent  to  discharge  the  duties  incumbent  upon  him,  he  is 
hereby  authorized  to  receive  the  services  of  any  other  dele- 
gate to  assist  him. 

A  motion  to  adjourn  was  lost. 

Mr.  Castello  moved  that  Mr.  Compton  be  added  to  the  Com- 
mittee; 

Which  was  carried. 

Mr,  Compton  moved  to  la}^  the  amendment  on  the  table; 
Which  was  lost. 

And  the  amendment,  as  amended,  was  lost. 
And  the  resolution  was  adopted. 

Convention  adjourned  until  to-morrow  morning,  at  9  o'clock. 

T.  P.  Sears, 
Secretary. 


380 


SIXTY-THIRD  DAY. 
Jackson,  Miss.,  Thursday,  March  19th,  1868, 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam, 
Bonne}7,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chap- 
pell,  Clarke,  Combash,  Compton,  Cunningham,  Dalton,  Dowd, 
Drane,  Elliott  James,  Field,  G-aither,  Gibbs,  Goss,  Handy,  Hau- 
ser,  Hemmingway,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison, 
Johnson  A.,  Jones,  Kerr,  Lawson,  Leas,  Leonard,  Longmire, 
Mayson,  Mask,  Musgrove,  Montgomery,  Miles,  Moore,  Mor- 
gan, Myers,  Mygatt,  McCutchen,  McKee,  Parsons  F.,  Parsons 
J.  P.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Powell,  Quinm 
Railsback,  Richardson,  Smith,  Stewart,  Stites,  Stringer,  Stiles, 
Townsend,  Toy,  Walker,  Warren,  Williams,  and  Woodman- 
see — 72. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Collins,  Conley,  Elliott  John,  Fawn,  Fitzhugh, 
Gray,  Holland,  Johnson  S.,  McKnight,  Neilson,  Nelms,  Nesbitt, 
Newsom,  Orr,  Ozanne,  Rainey,  Stovall,  Stricklin,  Vaughan, 
Watson,  and  Weir— 22. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  Mr.  Ozanne  for  one  day; 
to  Mr.  Giay  for  four  days;  to  Mr.  Miles,  for  ten  days. 

The  committee  on  Finance,  through  their  Chairman,  Mr. 
Parsons,  of  Adams,  submitted  the  following  report: 

To  the  Honorable  President  and  Members  of  the  Convention: 

Your  Finance  committee  to  whom  was  referred  the  accounts  of 
Deputy  Sheriffs  of  the  several  counties  in  this  State,  for  services 
in  attending  upon  the  recent  election  under  and  by  virtue  of  Gen- 
eral Orders  No.  31,  Headquarters  Fourth  Military  District,  beg 
leave  to  report  that  they  have  examined  said  accounts,  and  the 
reconstruction  laws  under  which  they  were  incurred,  and  are 
of  the  opinion  that  said  accounts  come  clearly  within  the  intent 
and  meaning  of  section  7  of  the  supplementary  bill,  and  should 
be  paid  by  the  Military  Commander  of  the  District  out  of  any 
funds  appropriated  for  that  purpose. 

Your  committee  would  respectfully  recommend  that  said 
accounts  be  returned  to  the  Commander  of  this  District,  with  a 
copy  of  this  report. 

Yours,  respectfully, 

F.  Parsons, 

Chairman. 

J.  B.  WOODMANSEE, 

Eli  R.  Smith, 
Benj.  Leas, 

Committee. 


3S1 


Mr.  Clarke  moved  that  the  rules  be  suspended,  so  as  to  take 
action  on  the  report  at  once. 

The  rules  were  suspended  and  the  report  was  adopted. 

Mr.  Herbert  moved  to  go  into  the  Committee  of  the  Whole 
on  the  report  of  the  committee  on  Franchise: 

Which  was  carried. 

And  after  certain  proceedings  had  therein,  the  committee 
rose,  and  through  their  Chairman,  Mr.  Coinpton,  of  Marshall^ 
reported  progress. 

The  minority  report  on  F ranchise  was  considered  upon  its 
second  reading. 

Section  1 : 

Mr.  Clarke  moved  to  amend  the  section  as  follows: 
Strike  out  the  words  '-both  general  and  special,"  in  second 
line ; 

Which  was  carried. 

And  section  1  was  adopted  as  amended,  and  reads  as  follows: 
Section  1.  All  elections  by  the  people  shall  be  by  ballot, 
Mr.  Clarke  moved  to  strike  out  section  2  and  insert  section  2 
of  the  minority  report: 
Which  was  carried. 

Mr.  Morgan  moved  to  strike  out  the  words  "  one  year,''  and 
insert  the  words  "  six  months,'*  in  sixth  line,  and  strike  out  the 
word  "  three,"  and  insert  the  word  "  one,"  in  eighth  line. 

A  motion  to  table  was  lost. 

Mr.  Compton  moved  to  amend  as  follows: 

Insert  the  word  "  white"  after  the  word  "all,"  in  first  line; 

Which  was  laid  on  the  table,  by  the  following  vote : 

Yeas — Messrs.  Alderson.  Alcorn,  Ballard.  Barry,  Beam,  Bon- 
ney.  Bridges,  Brinson.  Caldwell,  Castello,  Chapman,  Clarke,  Corn- 
bask,  Cunningham,  Dowd,  Drane,  Elliott  James,  Field,  Gibbs, 
Goss,  Handy,  Hernmingway,  Herbert;  Howe,  Hutto,  Jacobs. 
Johnson  A,,  Jones,  Kerr,  Lack,  Lawson,  Leas,  Leonard,  Ai  ay- 
son,  Mask,  Musgrove,  Montgomery,  Miles,' Moore,  Morgan, 
Myers,  Mygatt,  McKee,  INewsom,  Parsons  F,,  Parsons  J.  P., 
Peyton  E.  G.,  Peyton  E.  A.,  Powell,  Quinn,  Railsbaek,  Rich- 
ardson, Smith,  Stewart,  Stites,  Stovall.  Stringer,  Stiles,  Toy. 
Warren.  Wooclmansee,  and  Yeoman— 62. 

Nays — Messrs.  Compton,  Dalton,  Gaither,  Longmire,  Mc- 
Cutchen,  Phillips,  Townsend,  and  Walker — 8. 

Mr.  Townsend  moved  to  divide  the  question  upon  the  amend- 
ment of  Mr.  Morgan; 

Which  was  carried. 

And  so  much  of  the  amendment  as  reads  to  strike  out  the 
word  "  one  year,"  and  insert  the  word  "  six  months,"  in  sixth 
line,  was  adopted,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Brinson, 
Caldwell,  Castello,  Clarke,  Cunningham,  Dowd,  Drane,  Elliott 
James,  Field,  Handy,  Jacobs,  Johnson  A.,  Lawson,  Leas,  Leon- 
ard, Mayson,  Musgrove,  Miles,  Moore,  Morgan,  Myers,  Mygatt, 
McKee,  Newsom,  Parsons  F.,  Parsons  J.  R.^Peyton  E.  A«,  Pey- 
ton E.  G=,  Powell,  Railsbaek.  Richardson,  Smith,  Stewart,  Stites, 
Stringer,  Toy,  Warren,  Woodniansee,  and  Yeoman— =43, 


382 


Nays — Messrs.  Ballard,  Beam.  Chapman,  Chappell,  Combasb, 
Compton,  Dalton,  Gaitber,  Gibbs,  Goss,  Hemmingway,  Herbert, 
Howe,  Hutto,  Kerr,  Lack,  Longmire,  Mask,  Montgomery, 
McCutchen,  Phillips,  Quinn,  Stovall,  Stiles,  Townsend,  and 
Walker— 26. 

And  so  much  of  the  motion  as  reads  strike  out  the  word 
"three,"  and  insert  the  word  "one,"  in  the  eighth  line,  was 
adopted. 

Mr.  Adderson  moved  to  amend  as  follows : 

Insert  after  the  word  "  county,"  in  the  seventh  line,  the  words 
"  one  month  next  preceding  the  day  of  election  at,"  and  strike 
out  the  word  "  in"  in  the  seventh  line. 

Mr.  Morgan  offered  the  following  as  an  amendment  to  the 
amendment: 

Strike  out  all  after  the  words  "  six  months,"  in  sixth  line,  to 
the  word  "and,"  in  ninth  line,  and  insert  the  "  the  words  "  and 
in  the  county  one  month  next  preceding  the  day  of  election  at 
which  said  inhabitant  offers  to  vote : 

A  motion  to  lay  the  amendment  on  the  table  was  lost,  and 
the  amendment  of  Mr.  Morgan  was  adopted. 

Mr.  Montgomery  moved  to  amend  as  follows : 

Strike  out  ail  after  the  word  "to,"  in  the  10th  line,  and  in- 
sert the  w^ord  "law;" 

Which  was  laid  on  the  table. 

Mr.  Beam  moved  to  amend  as  follows : 

Strike  out  from  the  word  "  registered,"  in  the  9th  and  10th 
lines,  to  the  word  "one,"  in  the  13th  line; 
Which  was  laid  on  the  table. 

Previous  question  called,  call  sustained,  and  section  2  was 
adopted  as  amended. 
Section  3 : 

Mr.  Barry  moved  to  strike  out  section  3  of  the  majority 
report,  and  insert  section  3  of  the  minority  report; 
Which  was  carried. 

Mr.  Barry  moved  to  amend  as  follows: 

After  the  word  "  Congress,"  in  the  5th  and  6th  lines  of  the 
proviso  to  the  section,  insert  the  words,  "  and  the  Legislature 
of  this  State  shall  concur  therein." 

Mr.  Clarke  moved  to  amend  as  follows : 

In  the  5th  line  of  the  oath,'  strike  out  the  words  "one  year,"' 
and  insert  the  words  "six  months;" 

In  the  6th  line,  strike  outthe  words  "  three  months,"  and 
insert  the  words  "one  month;" 

Which  was  carried. 

Mr.  Stovall  moved  to  amend  section  3,  as  follows : : 

Strike  out  all  after  the  word  "  Congress,"  in  the  16th  and 
17th  lines,  and  insert  the  words  "all  men." 

A  motion  to  lay  the  amendment  on  the  table  was  carried, 
by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Bridges, 
Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Combash,  Cun- 
ningham, Drane,  Elliott  James,  Field,  Gibbs,  Goss,  Handy, 
Herbert,  Howe,  Jacobs,  Johnson   A.,   Kerr,  Lawson,  Leas, 


283 

Leonard.  Mayson,  Musgrove,  Miles,  Moore,  Morgan,  Myers. 
Mygatt,  McKee,  Newsom,  Parsons  F.,  Parsons  J.  R.,  Pey- 
ton E.  A.,  Peyton  E.  G..  Powell,  Quinn.  Railsback,  Stewart, 
Stites,  Stringer,  Toy,  Williams,  Woodmansee,  and  Yeo- 
man— 48. 

Nats — Messrs.  Ballard,  Beam,  Compton,  Dalton,  Dowel, 
(xaither,  Hutto,  Lack.  Longmire,  Montgomery,  McCutchen, 
Richardson.  Smith,  Stovail,  Stiles,  Walker,  and  Warren — 17. 

Mr.  Stiles  moved  to  amend  the  oath  in  the  section  as  fol- 
lows: 

"  Will  bear  true  faith  and  allegiance  to  the  de  facto  govern- 
ment of  the  State  of  Mississippi  and  of  the  Federal  Union,  and 
the  constituted  authorities  thereof:  that  I  will  not  attempt 
to  restrain  or  prevent  any  one  from  the  full  exercise  of  all  the 
rights  and  privileges  of  a  citizen  of  Mississippi;  that  I  will 
not  persecute,  oppress,  or  attempt  to  injure  any  one.  either  in 
person,  reputation  or  estate,  on  account  of  his  political  opin- 
ions or  predilections;  nor  will  I  encourage,  aid,  or  abet  others 
in  so  doing;  so  help  me  God!" 

Which  was  laid  on  the  table. 

And  the  amendment  of  Mr.  Barry  was  adopted,  and  section 
3  was  adopted  as  amended,  and  reads  as  follows : 

Sec.  3.  The  Legislature  shall  provide  by  law  for  the  regis- 
tration of  all  persons  entitled  to  vote  at  any  election,  and  all 
persons  entitled  to  register  shall  take  and  subscribe  to  the  fol- 
lowing oath  or  affirmation:      1  ,  do  solemnly  swear 

(or  affirm).'  in  the  presence  of  Almighty  God,  that  I  am  twenty- 
one  years  old;  that  I  have  resided  in  this  State  six  months,  and 

in   county  one  month ;  that  I  will  faithfully  support 

and  obey  the  Constitution  and  laws  of  the  United  States  and  of 
the  State  of  Mississppi.  and  will  bear  true  faith  and  allegiance 
to  the  same;  that  I  am  not  disfranchised  in  any  of  the  pro- 
visions of  the  acts  known  as  the  Reconstruction  Acts  of  the 
39th  and  40th  Congress:  and  that  I  admit  the  political  and  civil 
equality  of  all  men:. so  help  me  God!"  Provided,  That  if  Con- 
gress shall  at  any  time  remove  the  disabilities  of  any  person 
disfranchised  in  the  said  Reconstruction  Acts  of  the  said  39th 
and  40th  Congress,  and  the  Legislature  of  this  State  shall  con- 
cur therein,  then  so  much  of  this  oath,  and  so  much  only  as 
refers  to  the  said  Reconstruction  Acts,  shall  not  be  required 
of  such  person,  so  pardoned,  to  entitle  him  to  be  registered. 

Section  2: 

Mr.  Barry  moved  to  reconsider  the  vote  adopting  the  section; 
Which  was  carried. 

Mr.  Peyton,  of  Copiah,  moved  to  amend  the  section  as  follows  : 
Insert  after  the  word  ;-  except,  "  in  second  line,  the  words 
idiots  or  insane  persons  and.  " 
Mr.  Stovail  moved  to  amend  as  follows : 

Provided,  They  acknowledge  the  civil  and  political  equality 
of  all  men ; 

Which  was  laid  on  the  table  ; 

And  the  amendment  of  Mr.  Peyton  was  adopted,  and  the  sec- 
tion was  adopted  as  amended,  and  reads  as  follows : 


284 


Sec.  2.  All  male  inhabitants  of  this  State  (except  idiots 
or  insane  persons,  and  Indians  not  taxed),  born  in  the  United 
States,  or  naturalized,  twenty-one  years  old  and  upward,  who 
have  resided  in  this  State  six  months,  and  in  the  county  one 
month  next  preceding  the  day  of  eleetion,  at  which  said  inhabi- 
tant offers  to  vote,  and  who  are  duly  registered  according  to 
the  requirement  of  section  three,  of  this  article,  and  who  are 
not  disqualified  by  reason  of  any  crime,  are  declared  to  be  quali- 
fied electors. 

Section  4: 

Mr.  Stovall  moved  to  amend  as  follows: 

Provided,  They  acknowledge  the  civil  and  political  equality 
of  all  men. 

Mr.  Parsons,  of  Adams,  moved  to  strike  out  section  4,  of  the 
majority  report,  and  insert  section  4,  of  minority  report; 
Which  was  carried. 

Mr.  Stovall  moved  to  amend  the  section  by  adding  the  words 
"and  who  does  not  recognize  the  civil  and  political  equality  of 
all  men ; 

Which  was  laid  on  the  table. 

And  section  4  was  adopted  as  amended,  and  reads  as  follows: 
Sec.  4.  No  person  shall  be  eligible  to  any  office  of  profit  or 

trust,  or  to  any  office  in  the  militia  of  this  State  who  is  not  a 

qualified  elector. 

Convention  adjourned  until  3  o'clock, 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  calling  the  roll,  the  following  delegates  answered  to 
their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke, 
Combash,  Dalton,  Drane,  Gaither,"  Gibbs,  Goss,  Handy,  Hauser, 
Herbert,  Howe,  Hutto,  Jacobs,  Jones,  Kerr,  Lack,  Lawson, 
Leas,  Leonard,  Longrnire,  May  son,  Mask,  Musgrove,  Mont- 
gomery, Miles,  Mooie,  Morgan,  Myers,  Mygatt,  Newsom,  Par- 
sons F..  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips, 
Railsback,  Richardson,  Smith,  Stewart,  Stites,  Stovall,  Stringer, 
Stiles,  Toy,  Walker,  Warren,  Williams,  Woodmansee,  and  Yeo- 
man— 61. 

The  following  delegates  were  absent: 

Messrs.  Bridges,  Brinson,  Collins,  Compton,  Con  ley,  Cunning- 
ham, Elliott  James,  Elliott  John,  Fawn,  Field,  Fitzhugh, 
Gray,  Hemmingway,  Holland,  Jamison,  Johnson  S.,  Johnson 
A.,  McCutchen,  McKee,  McKnight,  Neiison,  Nelms,  Nesbitt, 
Orr,  Ozanne,  Powell,  Quinn,  Rainey,  Stricklin,  Townsend. 
Vaughan,  Watson,  and  Weir— -33. 

The  Convention  resumed  the  consideration  of  the  report  of 
committee  on  Franchise. 

Mr.  Clarke  moved  to  substitute  section  5  of  the  minority 
report  for  section  5  of  the  majority  report; 

Which  was  carried, 


385 


Mr.  Alderson  offered  the  following  as  an  amendment: 
Sec.  — .  No  person  shall  ever  hold  office,  civil  or  military,  in 
this  State,  who  has  taken  an  oath  to  support  the  Constitution 
of  the  United  States  and  afterwards  voluntarily  taken  up  arms 
against  the  same,  or  given  aid  and  comfort  to  the  enemies 
thereof,  or  who  voted  for  or  openly  advocated  secession  and 
afterwards  held  office,  civil  or  military,  under  the  Rebel  Govern- 
ment, or  who,  as  a  member  of  the  Legislature,  voted  for  the 
call  of  the  Convention  that  passed  the  act  of  secession,  or  who, 
as  a  delegate  to  said  Convention,  voted  for  secession;  Provided, 
The  Legislature  may,  on  joint  ballot,  approved  by  the  Gover- 
nor, remove  the  disabilities  of  any  person  excluded  from  office 
by  this  section,  and  recommend  the  same  to  the  Congress  of 
the  United  States  for  its  approbation,  in  case  the}'  have  not 
already  removed  said  disabilities. 

A  motion  to  lay  on  the  table  was  lost,  by  the  following  vote : 
Yeas — Messrs.  Alcorn,  Barry,  Caldwell,  Castello,  Chappell, 
Clarke,  Compton,  Drane,  Handy,  Hemmingway,  Lawson, 
Leonard,  Longmire,  Mask,  Montgomery,  Morgan,  Myers,  Mc~ 
Kee,  Phillips,  Railsback,  Stewart,  Stringer,  Townsend,  Toy, 
Walker,  and  Williams— 26. 

Nats — Messrs.  Alderson,  Beam,  Bonney,  Bridges,  Chapman, 
Combash,  Dalton,  Dowd.  Elliott  James,  Field,  Gaither,  Gibbs, 
Goss,  Hauser,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison,  Kerr. 
Lack,  Leas,  Maj^son,  Musgrove,  Miles,  Moore,  Newsom,  Par- 
sons F.,  Peyton  E.  A.,  Powell,  Quinn,  Richardson,  Smith,  States, 
Stovall,  Stiles,  Warren,  Woodmansee,  and  Yeoman — 39. 
Mr.  Richardson  moved  to  amend  section  5  as  follows : 
Strike  out  all  after  the  word  "  State,"  in  the  tenth  line,  and 
insert  the  following:  "Who  is  disqualified  by  the  fourteenth 
article  of  the  constitutional  amendment,  or  disfranchised  by 
any  or  either  of  the  reconstruction  acts  of  the  Thirty-ninth  or 
Fortieth  Congress." 

Convention  adjourned  until  to-morrow  morning  at  9  o'clock. 

T.  P.  JSears, 

Secretary. 


SIXTY-FOURTH  DAY. 

Jackson,  Miss.,  Friday,  March  20th,  1868. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Beam, 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Clarke, 
Combash,  Compton,  Cunningham,  Dalton,  Dowd,  Drane,  Elliott 
James,  Field,  Fitzhugh,  Gaither,  Gibbs,  Goss,  Handy,  Hauser, 
C—25 


386 


Hemmingwa}7,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison,  John- 
son A.,  Jones,  Kerr,  Lack,  Lawson,  Leonard,  Longmire,  May- 
son,  Mask,  Musgrove,  Montgomery,  Moore,  Morgan,  Myers, 
Mygatt,  McCutchen,  McKee,  Newsom,  Parsons  F.,  Parsons  J. 
P.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Powell,  Pailsback, 
Richardson,  Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles, 
Townsend,  Toy,  Walker,  Warren,  Williams,  Woodmansee,  and 
Yeoman-  74, 

The  following  delegates  were  absent: 

Messrs.  Chappell,  Collins,  Conley,  Elliott  John,  Fawn,  Gray, 
Holland,  Johnson  S.,  McKnight,  Neilson,  Nelms,  Nesbitt,  Orr, 
Ozanne,  Quinn,  Rainey,  Stricklin,  Vaughan,  Watson,  and 
Weir— 20. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  as  follows : 

To  Mr.  Nesbitt  until  the  23d;  Mr.  Smith  for  ten  days;  Mr. 
Gray  one  day;  Mr.  Ozanne  from  da}'  to  day;  Mr.  A.  Johnson 
for  three  days. 

Sundry  accounts  of  the  the  Deputy  Sheriff  of  Calhoun 
county  for  services  rendered  in  the  late  election  held  in  this 
State,  were  received  from  Headquarters  Fourth  Military  Dis- 
trict, and  on  the  recommendation  of  Mr.  Parsons,  chairman  of 
Finance  Committee,  were  returned  to  the  General  commanding. 

He  further  recommended  that  any  other  accounts  of  like 
character,  which  may  be  recived,  be  returned  in  accordance 
with  the  action  of  the  committee  had  on  yesterday  in  refer- 
ence to  the  subject. 

Wnich  was  concurred  in. 

The  committre  an  the  Legislative  Department  submitted  the 
following  supplementary  report: 

Mr.  President:  The  committee  on  the  Legislative  Depart- 
ment respectfully  submits  the  following  report: 

Sec.  40.  Until  the  first  enumeration  and  a  new  apportionment 
shall  be  made  as  provided  and  directed  in  this  Constitution,  the 
apportionment  of  Senators  and  Representatives  among  the 
several  counties  and  districts  in  the  State,  shall  be  as  follows: 

1st.  The  county  of  Warren,  five  Representatives. 

2d.  The  counties  of  Hinds  and  Lowndes,  each  five  Repre- 
sentatives. 

3d.  The  counties  of  Adams,  Carroll,  DeSoto,  Holmes,  Madi- 
son, Marshall,  Monroe,  Noxubee,  Washington,  and  Yazoo, 
each  three  Representatives. 

4th.  The  counties  of  Attala,  Chickasaw,  Choctaw,  Claiborne, 
Copiah,  Jefferson,  Lafayette,  Lauderdale,  Lee,  Oktibbeha, 
Panola,  Tippah,  Wilkinson,  Yalobusha,  Tishomingo,  and 
Rankin,  each  two  Representatives. 

5th.  The  counties  of  Amite,  Bolivar,  Calhoun,  Clarke, 
Franklin,  Issaquena,  Itawamba,  Jasper,  Kemper,  Lawrence, 
Leake,  Pontotoc,  Pike,  Sunflower,  Scott,  Tallahatchie,  Win- 
ston, Simpson,  Coahoma,  Tunica,  Newton,  Neshoba,  Coving- 
ton, Smith,  Wayne,  Davis,  Greene,  Jackson,  Hancock,  Marion, 
Harrison,  and  Perry,  each  one  Representative. 


387 

Section  41 :  1st.  The  counties  of  Hancock,  Harrison,  Jackson, 
Marion,  Greene,  and  Perry,  shall  form  the  First  District,  and 
elect  one  Senator. 

2d.  The  counties  of  Wilkinson  and  Amite,  the  Second  Dis- 
trict, and  one  Senator. 

3d.  The  counties  of  Pike,  Lawrence  and  Covington,  the 
Third  District,  and  one  Senator. 

4th.  The  county  of  Adams,  the  Fourth  District,  and  one 
Senator. 

5th.  The  counties  of  Franklin,  and  Jefferson  the  Fifth  Dis- 
trict, and  one  Senator. 

6th.  The  counties  of  Claiborne  and  Copiah,  the  Sixth  Dis- 
trict, and  one  Senator. 

7th.  The  counties  of  Warren  and  Issaquena,  the  Seventh 
District,  and  two  Senators. 

8th.  Thecounties  of  Hinds,  Rankin,  and  Simpson,  the  Eighth 
District,  and  two  Senators. 

9th.  The  counties  of  Davis,  Jasper,  Clarke,  and  Wayne,  the 
Ninth  District,  and  one  Senator. 

10th.  The  counties  of  Lauderdale  and  Kemper,  the  Tenth 
District,  and  one  Senator. 

11th.  The  counties  of  Newton,  Smith,  and  Scott,  the  Eleventh 
District,  and  one  Senator. 

12th.  The  county  of  Madison,  the  Twelfth  District,  and  one 
Senator. 

13th.  The  county  of  Yazoo,  the  Thirteenth  District,  and 
one  Senator. 

14th.  The  counties  of  Washington  and  Sunflower,  the  Four- 
teenth District,  and  one  Senator. 

15th.  The  county  of  Holmes,  the  Fifteenth  District,  and  one 
Senator. 

16th.  The  counties  of  Attala,  Leake,  and  Neshoba,  the  Six- 
teenth District,  and  one  Senator. 

17th.  The  county  of  Noxubee,  the  Seventeenth  District,  and 
one  Senator. 

18th.  The  counties  of  Lowndes  and  Oktibbeha,  the 
Eighteenth  District,  and  two  Senators. 

19th.  Thecounties  of  Choctaw  and  Winston,  the  Nineteenth 
District,  and  one  Senator. 

20th.  The  county  of  Carroll,  the  Twentieth  District,  and  one 
Senator. 

21st.  The  counties  of  Calhoun  and  Yalobusha,  the  Twenty- 
first  District,  and  one  Senator. 

22d.  The  counties  of  Chickasaw  and  Monroe,  the  Twenty- 
second  District,  and  two  Senators. 

23d.  The  counties  of  Bolivar,  Coahoma,  and  Tunica,  the 
Twenty-third  District,  and  one  Senator. 

24th.  The  counties  of  Panola  and  Tallahatchie,  the  Twenty- 
fourth  District,  and  one  Senator. 

25th.  The  county  of  DeSoto,  the  Twenty-fifth  District,  and 
one  Senator. 


388 


26th.  The  county  of  Marshall,  the  Twenty-sixth  District, 
and  one  Senator. 

27th.  The  counties  of  Lafayette  and  Pontotoc,  the  Twenty- 
seventh  District,  and  one  Senator. 

28th.  The  counties  of  Lee  and  Itawamba,  the  Twenty-eighth 
District,  and  one  Senator. 

29th.  The  counties  of  Tippah  and  Tishomingo,  the  Twenty- 
ninth  District,  and  one  Senator. 

W.  H.  Barry, 
Chairman. 

Report  received,  and  under  the  rules  lies  over,  and  100  copies 
ordered  printed. 

The  following  report  was  submitted  by  the  committee  on 
Contingent  Expenses,  and  under  a  suspension  of  the  rules,  was 
adopted,  the  account  allowed,  and  ordered  to  be  paid. 

To  the  Hon.  President  and  Members  of  the  Convention : 

Your  committee  on  Contingent  Expenses,  in  the  absence  of 
the  Chairman,  beg  leave  to  present  the  accompanying  account, 
which  they  have  examined,  found  correct,  and  recommend  it 
to  be  paid. 

W.  H.  Gibbs, 
J.  Railsback, 
Jno.  C.  Brinson. 

Jackson,  Miss.,  March  20th,  1868. 

The  State  of  Mississippi, 

To  Taswell  Jones,  for  services  as  wood  chopper,  Dr. 

From  February  28th  to  March  20th,  inclusive  (22  days),  $55  00 
I  certify  that  the  above  account  is  correct, 

Nelson  G.  Gill, 

Sergeant-qt-Arms. 

To  the  Honorable  President  and  Gentlemen  of  the  Convention: 

Your  committee  to  whom  was  referred  a  resolution  providing 
for  the  appointment  of  a  permanent  committee  to  remain  at 
the  Capitol  during  the  adjournment  of  the  Convention,  would 
most  respectfully  recommend  that  said  committee  be  appointed 
in  accordance  with  the  provisions  of  said  resolution. 

W.  H.  Gibbs, 

Chairman, 
H.  W.  Barry, 
Thos.  W.  Stringer, 
Henry  W.  Warren, 
N.  B.  Bridges, 

Committee, 

Mr.  Clarke  moved  to  receive  the  report ; 
Which  Was  carried. 


359 


Mr.  Stringer  moved  that  the  report  be  adopted. 
Mr.  Compton  offered  the  following: 

Provided,  That  two  Democrats  and  two  Republicans  shall  be 
appointed  by  the  President,  and  the  four  thus  appointed,  shall 
select  the  fifth. 

Which  was  laid  on.  the  table. 

Mr.  Field  moved  to  amend  as  follows : 

Strike  out  the  word  "  five,"  and  insert  the  words  c'aii  the 
members  who  profess  a  desire  to  reconstruct  the  State  govern- 
ment on  the  basis  of  the  Reconstruction  Acts,  be  appointed  the 
committee; 

Which  was  laid  on  the  table. 

Mr.  Compton  moved  to  amend  as  follows; 

Provided.  That  all  the  political  parties  in  this  State  shall  be 
represented  on  said  committee. 

Mr.  Newsom  moved  the  previous  question; 

Which  was  sustained. 

And  the  amendment  of  Mr.  Compton  was  lost,  by  the  follow- 
ing vote : 

Yeas — Messrs,  Compton,  Dalton,  Gaither,  Hemmingway, 
Lack,  Longmire,  Mayson,  Mask,  Montgomery,  McCutchen, 
McKee,  Parsons  J.  R,  Phillips,  Richardson,  Stovall,  Stiles, 
Townsend,  and  Walker — 18. 

Nats — Messrs.  Alderson,  Alcorn,  Barry,  Beam,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Clarke,  Combash,  Cun- 
ningham, Dowd,  Drane,  Elliott  James.  Field,  Fitzhugh,  Gibbs, 
Goss,  Handy,  Hauser,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison, 
Jones,  Kerr,  Lawson,  Leas,  Leonard,  Musgrove,  Moore,  Mor- 
gan, Myers,  Mygatt,  Newsom,  Peyton  E.  A.,  Peyton  E  G., 
Powell,  Quinn,  Railsback,  Smith,  Stewart,  Stites,  Stringer,  Toy, 
Warren,  Woodmansee,  and  Yeoman — 50. 

And  the  report  cf  the  committee  was  adopted,  by  the  follow- 
ing vote : 

Yeas — Messrs,  Alderson,  Alcorn,  Barry,  Bonney,  Bridges, 
Brinson,  Caldwell,  Castello,  Chapman,  Clarke,  Combash,  Cun- 
ningham, Dowd,  Drane,  Elliott  James,  Fitzhugh,  Gibbs,  Handy, 
Hauser,  Jacobs,  Jamison,  Lawson,  Leas,  Leonard,  Mayson, 
Moore,  Morgan,  Myers,  Mygatt,  McKee,  Newsom,  Parsons  F<5 
Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Powell,  Quinn, 
Railsback,  Smith,  Stewart,  Stites,  Stringer,  Toy,  Warren,  Wood- 
mansee, and  Yeoman — 46. 

Nats — Messrs.  Beam,  Compton,  Dalton,  Field,  Gaither,  Goss, 
Hemmingway,  Herbert,  Howe,  Hutto,  Jones,  Kerr,  Lack,  Long- 
mire, Mask,  Musgrove,  Montgomery,  McCutchen,  Phillips, 
Richardson,  Stovall,  Stiles,  Townsend,  and  Walker — 24. 

Mr,  Cunningham  moved  to  reconsider. 

Mr.  Gibbs  moved  to  table  the  motion  to  reconsider; 

Which  was  carried. 

Mr.  Townsend  moved  to  suspend  the  rules,  to  enable  him  to 
introduce  a  resolution ; 
Which  was  lost 


390 


The  rules  were  suspended,  to  enable  Mr.  Cunningham,  of  the 
committee  on  Enrollment,  to  submit  a  report: 

Mr.  President:  Your  committee  on  Enrollment  have  exam- 
ined an  Ordinance  passed  March  13th,  1868,  for  the  protection 
of  electors,  and  would  respectfully  report  that  they  find  the 
same  correctly  enrolled. 

R.  H.  Montgomery, 
M.  T.  Newsom, 
W.  B.  Cunningham, 

Committee. 

Mr.  Castello  moved  to  suspend  the  rules,  to  receive  the  fol- 
lowing report  from  the  Select  Committee  on  Government  Lands, 
and  the  location  of  the  same,  and  other  information  thereto. 

The  rules  were  suspended,  and  the  report  submitted : 

To  the  Hon.  President  cm d  31 embers  Constitutional  Convention: 

Your  committee,  appointed  to  ascertain  the  amount  and  loca- 
tion of  Government  lands  in  this  State,  together  with  informa- 
tion in  regard  to  the  entry  and  settlement  of  said  lands,  beg 
leave  to  report  the  amount  of  Government  lands  in  this  State, 
subject  to  entry,  is  ascertained  to  be  249,000  acres,  situated  in 
the  following  counties : 

Hancock.  12,000  acres, 

Harrison   .12,000  acres. 

Jackson  12,000  acres. 

Greene.  .  15,000  acres. 

Perry  15,000  acres. 

Marion  .15,000  acies. 

Davis    12,000  acres. 

Covington  12,000  acres. 

Jasper  10,000  acres. 

Smith  10,000  acres. , 

Wayne    8,000  acres. 

Clarke   8,000  acres. 

Pike.    6,000  acres, 

Lawrence   5,000  acres. 

Simpson   12,000  acres. 

Rankin   3,000  acres. 

Choctaw  .   5,009  acres. 

Attala   8,000  acres. 

Winston    8,000  acres. 

Kemper    6,000  acres. 

Neshoba   8,000  acres. 

Scott   6,000  acres. 

Newton  .   8,000  acres. 

Lauderdale   4,000  acres. 

Holmes  . .   4,000  acres. 

Carroll.   4,000  acres. 

Amite   3,000  acres. 

Tallahatchie   2,000  acres. 

Yalobusha    2?000  acres. 


391 


Your  committee  here  attach  a  circular  of  Messrs.  Jo.  & 
Jeff.  Bell,  which  will  explain  the  course  of  procedure  to  gain 
possession  of  land: 

homestead  all  persons  can  enter  without  distinction  of 

color  or  race. 

Land  Agency,  Jackson,  Mississippi. 

1.  All  the  Land  Offices  in  Mississippi  are  concentrated  at 
Jackson. 

2.  No  land  can  be  entered  except  under  the  Homestead  Law. 

3.  The  applicant  must  file  an  affidavit  that  he  is  a  citizen  of 
the  United  States,  the  head  of  a  family,  or  over  twenty-one 
years  of  age;  that  his  entry  is  made  for  actual  settlement  and 
cultivation,  and  not  directly  or  indirectly  for  the  use  or  benefit 
of  any  other  person;  and  that  he  is  prevented  from  personal 
attendance  at  the  land  office,  by  reason  of  "  distance,  bodily 
infirmity,  or  other  good  cause." 

4.  The  affidavit  must  be  sworn  to  before  the  Probate  Clerk  of 
the  county  of  which  the  applicant  is  a  resident,  who  must  cer- 
tify to  it  under  his  official  seal,  and  also  that  the  applicant  is  an 
actual  resident  of  the  county. 

5.  The  affidavit  should  have  the  given  name  of  the  applicant 
in  full  written  in  a  plain,  legible  hand,  and  a  revenue  stamp 
attached. 

6.  No  person  can  enter  more  than  eighty  acres;  and  if  within 
six  miles  of  the  Mobile  and  Ohio,  or  Vicksburg  and  Meridian 
Railroads,  only  forty  acres  can  be  entered. 

7.  The  only  payment  to  be  made,  at  the  time  of  entry,  is  one 
dollar  each,  to  the  Register  and  Receiver:  and  any  small  excess 
that  the  tract  may  contain  over  eight}*  acres  must  be  paid  for  at 
$1  25  per  acre;  and  if  within  six  miles  of  the  railroad,  the 
excess  over  forty  acres  must  be  paid  for  at  $2  50  per  acre. 

We  will  furnish  blanks  and  attend  to  entering  land  and  for- 
ward receipt  for  $1  in  each  case,  in  addition  to  above  fees  of 
office. 

Jo.  &  Jeff.  Bell, 
Land  Agents,  Jackson,  Jliss. 
>Ve  also  attach  a  blank  form  of  the  application  and  affidavit 
which  persons  at  a  distance,  who  are  unable  to  visit  Jackson, 
<?an  make  use  of  by  applying  to  the  Clerk  of  the  Probate  Court, 
All  letters  containing  money  should  be  registered: 

homestead. 

Application  No  

Land  Office,  at  Jackson,  Miss. J 
 ,  186..  f 


L 


of 


unty,  Mississippi,  do 


392 


hereby  apply  to  enter,  under  the  provisions  of  the  Act  of  Con- 
gress, approved  May  20,  1862,  entitled  "An  Act  to  secure  Home 

steads  to  actual  settlers  on  the  public  domain,"  the  

of  section   .  in  township  No,  of  range  No, 

 ,  containing   acres. 


Land  Office,  at  Jackson,  Miss.,  .........  186. 

I,  W.  B.  Taylor,  Register  of  the  Land  Office,  do  hereby  cer- 
tify that  the  above  application  is  for  surveyed  lands  of  the  class 
which  the  applicant  is  legally  entitled  to  enter  under  the  Home- 
stead Act  of  May  20,  1862,  and  that  there  is  no  prior  valid 
adverse  right  to  the  same, 

 .  ,  Register. 

[Affidavit.] 

  County,  Miss.,) 

 ,  1868.  \ 

I,   . . ,  of  county,  Miss,. 

having  filed  my  application,  No.  ,  for  an  entry  under 

the  provisions  of  the  Act  of  Congress  approved  June  21,  1866, 
entitled  "An  Act  for  the  disposal  of  the  public  lands  for  home- 
stead actual  settlement  in  the  States  of  Alabama,  Mississippi, 
Louisiana,  Arkansas,  and  Florida,"  do  solemnly  swear,  that  I 
am  the  head  of  a  family,  over  twent}-one  years  of  age,  and  a 
citizen  of  the  United  States;  that  said  application  is  made  for 
my  exclusive  benefit,  and  that  said  entry  is  made  for  the  pur- 
pose of  actual  settlement  and  cultivation,  and  not  directly  or 
indirectly  for  the  use  or  benefit  of  any  other  person  or  persons 
whomsoever;  and  that  I  am  prevented  from  personal  attendance 
at  the  land  office  by  reason  of.  

Sworn  to  and  subscribed  before  the  undersigned,  Clerk  of 

the  Probate  Court  of  county;  and  I  certify 

that  the  affiant  is  a  resident  of  said  county. 

Given  under  my  hand  and  seal  of  office,  this  day 

of  ,  1868. 

.  .  ,  Clerk. 

We  also  attach  a  circular  hi  regard  to  delinquent  tax  lands: 

Land  Agency,  Jackson,  Mississippi. 

A  large  amount  of  land  is  now  being  advertised  and  will 
shortly  be  sold  by  the  Auditor  of  Public  Accounts  for  the  non- 
payment of  taxes.  Persons  desiring  our  services  in  the  pur- 
chase of  any  of  these  lands,  can  deposit  their  mone}^  and  have 
their  business  promptly  attended  to  for  a  small  compensation. 

Jo,  &  Jeff.  Bell, 

Jackson,  Miss.,  Feb.  12,  1868. 


393 


In  conclusion,  your  committee  would  recommend  Jo.  &  Jeff. 
Bell  to  the  confidence  of  all  who  may  need  their  services. 
Respectfully  submitted. 

J.  R.  Parsons, 

Chairman. 
Carlos  Chapman. 
C.  W.  Beam, 
W.  Lawsox, 
J.  Hauser, 

Committee. 

Mr.  Clarke  moved  that  the  report  be  received; 
Which  was  carried. 

Mr.  Hemniingway .  of  Carroll,  offered  the  following: 
Whereas.  A  full  investigation  is  desired  concerning  a  pur- 
chase of  stationary  made  by  Mr.  D.  McA.  Willliams:  there- 
fore, be  it 

Resolved.  That  a  committee  of  three  be  appointed  to  investi- 
gate the  same,  and  report. 

Mr.  Stovall  offered  the  following  amendment: 

Provided,  Said  committee  ackno wedge  the  political'  and 
civil  equality  of  all  men; 

Which  was  laid  on  the  table. 

And  the  resolution  of  Mr.  Hemniingway  was  adopted. 

The  Convention  proceeded  to  consider  the  5th  section  of  the 
Franchise  Report,  as  amended. 

Mr.  Richardson's  amendment,  pending  on  adjournment  yester- 
day, was  called  up. 

I\Ir.  Stiles  moved  to  table  the  same.  ' 

Mr.  Woodmansee  moved  to  permit  Mr.  Stiles  to  withdraw 
hi:$  motion  to  table. 

Mr.  Beam  moved  to  adjourn; 
Which  was  carried. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry. 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Clarke,  Combash,  Compton,  Dalton,  Dowd,  Drane,  Elliott 
John,  Elliott  James,  Fitzhugh,  Gibbs,  Goss,  Handy,  Hauser, 
Hemniingway,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison,  John- 
son A.,  Jones.  Lack.  Lawson,  Leas.  Leonard,  Longmire,  May- 
son,  Mask,  Musgrove.  Montgomery,  Moore,  Morgan,  Myers. 
Mvgatt.  MeCutehen,  McKee,  Newsom,  Parsons  F..  Parsons  J. 
R.,  Peyton  E.  A.,  Phillips,  Quinm  Railsback.  Richard- 
son, Smith.  Stewart.  Stites.  Stovall,  Stringer,  Stiles.  Townsend, 
Toy,  Walker,  Warren,  Weir,  Williams,  Woodmansee,  and 
Yeoman — 70. 

The  following  delegates  were  absent: 

Messrs.  Chappell,  Collins,  Conley,  Cunningham,  Fawn,  Field. 


394 


Gaither,  Gra}T,  Holland,  Johnson  S.,  Kerr,  McKnight,  Miles, 
Neilson,  Nelrcis,  Nesbitt,  Orr,  Ozanne,  Peyton  E.  G.,  Powell, 
Rainey,  Stricklin,  Vaughan,  and  Watson — 24. 

Leaves  of  absence  were  granted  as  follows : 

To  Mr.  Lack,  until  Tuesday;  Mr.  Dowd,  for  five  days;  Mr. 
Jacobs,  for  one  day ;  Mr.  Castello,  for  one  da}T;  Mr.  Fitzhugh, 
for  one  day;  Mr.  Compton,  for  one  day;  Mr.  Stricklin,  for  one 
day;  Mr.  Nelms,  for  one  day;  Mr.  Drane,  for  one  day. 

Mr.  Stiles  was  permitted  to  withdraw  his  motion  to  lay  on 
the  table  the  amendment  of  Mr.  Richardson,  and  the  amend- 
ment of  Mr.  Richardson  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Compton,  Dalton,  Elliott  John,  Field,  Gai- 
ther, Howe,  Hutto,  Longmire,  Montgomery,  McCutchen,  Mc- 
Kee,  Parsons  J.  R.,  Phillips,  Richardson,  Smith,  Townsend, 
Walker,  and  Warren — IS. 

Nays — Messrs.  Alderson,  Barry,  Beam,  Bridges,  Brinson, 
Caldwell,  Castello,  Clarke,  Combash,  Elliott  James,  Fitzhugh, 
Gibbs,  Goss,  Handy,  Hemming  way,  Herbert,  Jacobs,  Kerr, 
Lawson,  Leas,  Leonard,  Mayson,  Mask,  Musgrove,  Moore, 
Morgan,  Myers,  Mygatt,  Newsom,  Parsons  F.,  Peyton  E.  A., 
Peyton  E.  G.,  Powell,  Quinn,  Railsback,  Stewart,  Stites, 
Stringer,  Stiles,  To}T,  Woodmansee,  and  Yeoman — 43, 

Mr.  Compton  moved  to  adjourn; 

Which  was  lost. 

Mr.  Leas  moved  to  amend  section  5  as  follows : 

Add  after  the  word  "  manner,"  in  the  nineteenth  line,  the 
following  proviso : 

"'Provided  first,  Said  disqualification  shall  not  extend  be- 
yond the  first  day  of  January,  1873 ;  And  provided  further, 
That  the  Legislature  shall  have  power  to  relieve  all  political 
disabilities  over  whom  they  have  jurisdiction,  excepting 
always,  those  that  voted  for  the  ordinance  of  secession; 

Which  was  laid  on  the  table. 

Mr.  Castello  moved  to  amend  as  follows: 

No  person  shall  ever  be  eligible  to  hold  under  this  Constitu- 
tion, either  a  Legislative,  Executive,  or  Judicial  office,  who 
held  any  office  under  the  so-called  Confederate  States,  and  no 
member  of  the  Convention  of  1861,  who  signed  the  ordinance 
of  secession  passed  by  that  Convention,  shall  ever  hold  office 
in  this  State;  Provided,  That  if  Congress  at  anytime  remove 
the  disabilities  imposed  upon  any  person  by  the  Reconstruction 
Acts  of  the  Thirty-ninth  and  Fortieth  Congress,  and  the  Legis- 
lature, in  joint  ballot,  by  a  majority  vote,  shall  remove  said 
disabilities,  then  and  in  that  case,  they  shall  be  entitled  to 
hold  office. 

The  previous  question  was  called,  which  was  not  sustained ; 
and  section  5  lies  over. 

Mr.  Compton  moved  to  adjourn; 
Which  was  lost. 

Mr.  McKee  moved  to  suspend  the  rules,  and  proceed  with 
the  consideration  of  the  5th  section. 

Mr,  Morgan  moved  to  adjourn;  which  was  lost. 


395 


Mr.  Gibbs  moved,  to  la}-  on  the  table  the  motion  to  suspend 
the  rules; 

Which  was  lost. 

Mr.  Gibbs  moved  to  adjourn: 

Which  was  lost. 

Mr.  Gibbs  moved,  to  indefinitely  postpone  the  motion  to  sus- 
pend the  rules ; 

Which  was  carried. 

Mr.  Compton  moved  to  adjourn: 

Which  was  lost, 

Section  6  was  adopted,  and  reads  as  follows: 

Sec.  6.  No  elector,  except  for  crime,  shall  be  liable  to  arrest 
in  going  to  or  returning  from  the  place  of  voting,  nor  detained 
as  witness  or  juror  in  any  court,  or  by  any  military  order,  ex- 
cept in  time  of  war  or  public  danger. 

Mr.  Morgan  moved  to  reconsider  section  6; 

Which  was  lost. 

Mr.  Townsend  moved  to  adjourn; 
Which  was  carried. 

Convention  adjourned  until  9  o'clock  to-morrow  morning. 

T.  P.  Sears, 

Secretary. 


SIXTY-FIFTH  DAY. 
Jackson,  Miss.,  Saturday,  March  21st,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Bon- 
ne}', Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke,  Combash,  Compton,  Cunningham,  Dalton,  Dowd,  Drane, 
Elliott  James,  Elliott  John,  Fawn,  Field,  Fitzhugh,  Gaither, 
Gibbs,  Goss,  Handy,  Hauser,  Hemmingway,  Herbert,  Howe, 
Hutto,  Jamison,  Johnson  S.,  Jones,  Kerr,  Lawson,  Leas,  Leon- 
ard, Longmire,  Mayson,  Mask,  Musgrove,  Montgomery, 
Moore,  Morgan,  Myers,  McCutchen,  Nelms,  Newsom,  Par- 
sons F.,  Parsons  J.  R,  Peyton  E.  A..  Peyton  E.  G.,  Phillips, 
Powell,  Quinn,  Pailsback,  Richardson,  Stewart,  Stites,  Stringer, 
Stiles,  Townsend,  Toy,  Walker,  Warren,  Weir,  Williams, 
Woodman  see,   and  Yeoman — 71. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Collins,  Conley,  Gray,  Holland,  Johnson  A., 
Lack,  Miles,  Mygatt,  McKee,  McKnight,  Neilson,  Nesbitt,  Orr, 
Ozanne,  Rainey,  Smith,  Stricklin,  Vaughan,  and  Watson — 20. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted,  as  follows: 


396 


To  Mr.  Hemmingwav  four  days,  from  Monday  next;  Mr. 
McKee  for  one  day;  Mr.  Mygatt  for  one  day;  to  the  Assistant 
Secretary  for  five  days;  to  Mr.  Cunningham  for  one  week; 
Mr.  Montgomery  three  da}~s;  Mr.  Rainey  five  days. 

Under  the  resolution  offered  by  Mr.  Hemmingway  yesterda}% 
the  following  gentlemen  were  appointed  a  committee:  Messrs. 
Hemmingway,  Railsback,  and  Hauser. 

The  committee  on  Finance  made  the  following  report: 

To  the  President  and  members  of  Constitutional  Convention: 

Your  Finance  Committee  beg  leave  to  submit  the  following 
communication  from  the  State  Auditor,  in  answer  to  a  resolu- 
tion passed  by  the  Convention  on  the  sixteenth  instant,  direct- 
ing your  committee  to  communicate  with  the  State  Auditor, 
and  ascertain  whether  he  would  or  would  not  carry  out  the 
provisions  of  the  tax  ordinance. 

Respectfully, 

Fred.  Parsons, 

Chairman. 

Office  of  Auditor  of  Public  Accounts,) 
Jackson,  Miss.,  March  20th,  1868.  [ 

Hon.  Fred.  Parsons,  Chairman  of  the  Finance  Committee: 

Sir — In  answer  to  a  resolution  of  the  Constitutional  Con- 
vention, under  date  of  sixteenth  instant,  I  beg  leave  to  state, 
that  I  will  comply  with  the  19th  section  of  the  tax  ordinance, 
and  that  the  blanks  have  been  ordered  and  will  be  transmitted 
to  the  collectors  of  the  several  counties  as  soon  as  received 
from  the  Printer. 

Very  respectfully, 

Thomas  T.  Swann, 

Auditor. 

Report  received. 

A  Select  Committee  made  the  following  report: 
Mr.  President  :  Your  committee  appointed  to  investigate 
the  truth  of  the  reports  "  from  gentlemen  of  high  official  and 
social  positions  in  different  portions  of  the  State,  expressing 
serious  apprehensions  that  combinations  and  conspiracies  are 
being  formed  among  the  blacks  to  seize  the  lands  and 
establish  farms,"  upon  which  the  proclamation  of  Governor 
Humphreys,  of  December  9,  1867,  was  founded,  report  as  fol- 
lows : 

That  they  have  taken  every  means  in  their  power  to  inform 
themselves  upon  the  subject  they  have  been  called  upon  to  in- 
vestigate. 

They  have  called  upon  many  of  the  delegates  to  this  Con- 
vention from  differents  parts  of  the  State  for  information  on 
the  subject,  and  have  conversed  with  many  of  the  citizens  of  the 
State  not  connected  with  this  Convention,  and  they  have  been 


397 


utterly  unable  to  find  any  just  cause  for  the  issuing  of  said 
proclamation.  Everywhere  they  find  the  colored  man  true  and 
loyal  to  the  country,  and  patient  and  submissive  even  when 
the  victim  of  cruel  and  oppressive  wrongs. 

They  would  further  state  that  they  have  corresponded  with 
Ills  Excellency  Governor  Humphreys  on  this  subject,  respect- 
fully requesting  him  to  furnish  them  with  any  information, 
touching  the  subject,  in  his  possession,  and  in  his  reply,  which 
accompanies  this  report,  marked  A,  he  respectfully  states  that 
said  proclamation  was  issued  at  the  urgent  request  of  General 
Ord,  Commander  of  the  Fourth  Military  District,  and  all  the 
information,  etc.,  was  received  from  and  through  him,  except 
a  few  letters  received  from  prominent  citizens  which  were  re- 
ferred to  him,  General  Ord,  and  are  now  presumed  to  be  in 
his  possession,  and  not  under  the  control  of  the  said  Hum- 
phreys, Governor  as  aforesaid,  and  which  he  does  not  feel 
a  thorized  to  make  public,  unless  the  approbation  of  General 
Ord  shall  first  be  had,  when  he  would  cheerfully  comply 
with  his  instructions. 

The  committee  do  not  deem  it  necessary  to  pursue  the  in- 
vestigation an}'  further  and  will  not,  unless  specially  instructed 
by  this  Convention  to  do  so. 

This  committee,  while  entertaining*  the  most  profound 
regard  for  His  Excellency  Governor  Humphreys,  and  the  late 
commander  of  this  district,  General  Ord,  beg  leave,  most 
respectfully,  to  disagree  with  them  about  the  propriety  of 
issuing  said  proclamation,  and  after  careful  investigation  and 
calm  deliberation  on  the  subject,  they  are  forced  to  the  con- 
clusion that  the  fears  and  "  serious  apprehensions  that  com- 
binations and  conspiracies  are  being  formed  among  the  blacks 
to  seize  the  lands  and  establish  farms,"  had  no  foundation  in 
truth,  and  that  the  colored  man  has  manifested  no  disposition 
to  disturb  any  one  in  his  lawful  pursuits,  and  that  Governor 
Humphreys  was  greatly  misled  hy  the  reports  as  to  the  truth 
of  the  facts  on  which  his  proclamation  was  founded. 

Kespectf  ully, 

A.  Alderson, 
Chairman. 

[  SECOND.  "] 

Mr.  President:  Your  committee,  as  directed  by  this  Con- 
vention, have  made  further  investigations  as  to  the  truth  of 
the  facts  set  forth  in  said  proclamation  of  December  9th, 
1867,  and  are  more  than  ever  confirmed  in  their  belief  that  the 
alleged  causes  for  issuing  said  proclamation  were  wholly 
without  excuse  or  justification. 

In  their  efforts  to  arrive  at  the  truth  of  the  matter  under 
investigation,  they  made  diligent  and  repeated  inquiry  of  the 
different  delegates  to  this  Convention,  coining  from  all  parts 
of  the  State,  and  at  no  place  in  the  State,  before,  at  the  time, 
or  since,  the  issuing  of  said  proclamation,  were  there  any 


398 


signs  of  insubordination,  riot,  or  outbreak  among  the  colored 
people;  but,  on  the  contrary,  a  peaceable  and  orderly  disposi- 
tion, worthy  of  the  highest  admiration,  has  marked  their 
conduct,  even  under  the  most  trying  circumstances,  where 
wrongs  and  cruel  treatment  have  been  inflicted  upon  them. 

That  they  might  leave  nothing  undone  to  discover  where  the 
truth  lay  they  wrote  to  Major  General  Ord,  late  commander  of 
this  district,  to  learn  upon  what  grounds  he  acted  in  conferring 
with  Governor  Humphreys  on  the  subject  matter  of  said  proc- 
lamation, and  are  informed  by  letter  from  him  that  he  had 
"  turned  over,  with  the  command  of  the  Fourth  Military  District, 
all  the  communications  referred  to,"  which  letter  is  marked  B? 
and  made  a  part  of  this  report.  Your  committee  then  addressed 
a  letter  to  Major  General  Gillem,  the  present  commander  of 
this  district,  to  know  if  he  would  hand  over  to  them  the  com- 
munications referred  to,  and  have  received  a  letter  from  him 
declining,  for  reasons  therein  stated,  to  communicate  the 
desired  information,  which  letter  is  marked  C,  and  made  a 
part  of  this  report. 

Your  committee  having  pursued  the  investigation  to  the 
fullest  extent  they  can  go,  are  compelled  to  close  their  labors, 
and  ask  that  this  report  be  received,  and  that  they  be  discharged 
from  further  investigation  into  this  matter. 

In  conclusion,  however,  they  would  beg  leave  again  to  state 
that  the  causes  for  issuing  said  proclamation  were  so  utterly 
without  foundation,  that  they  are  at  a  loss  to  find  any  reasona- 
ble excuse  for  so  doing,  and  while  they  would  not  impeach  the 
motive,  they  must  condemn  the  act  as  wholly  unjustifiable — 
causing  needless  alarm  to  one  class  of  the  citizens  of  this 
State,  and  producing  an  unjust  suspicion  and  prejudice  against 
the  other. 

A.  Alderson,  Chairman. 
H.  Mayson, 
W.  H.  Gibbs, 
H.  P.  Jacobs. 
J.  Hauser, 

J.  A.  Moore,  Committee. 
Report  received  and  committee  discharged. 


LETTERS  REFERRED  TO  IN  ABOVE  REPORT. 


Sir:  Your  note  of  the  17th  instant,  informing  me  of  the  ap- 
pointment of  a  committee  by  the  Convention,  to  investigate 
the  truth  of  the  rumor  of  combinations  of  evil  disposed  per- 
sons in  this  State  to  seize  lands,  etc.,  coming  from  persons  of 
high  social  and  official  positions,  upon  which  my  (your)  Pro- 
clamation of  December  9,  1867,  was  founded,  and  respectfully 


399 


requesting  me  to  furnish  (us)  the  committee  with  whatever  in- 
formation I  (you)  may  be  in  possession  of  touching  the  sub- 
ject of  said  Proclamation,  and  the  names  of  the  persons  sup- 
plying me  (you)  with  the  information  above  referred  to,  was 
handed  to  me  late  yesterday  evening  by  the  Assistant  Sergeant- 
at-Arms,  of  the  Convention. 

I  presume  you  do  not  expect  me  to  admit  that  the  Conven- 
tion now  in  session  in  this  city,  by  virtue  of  the  "  Military 
Bills"  passed  by  Congress,  has  any  constitutional  right  to  re- 
quire me  to  account  to  it  for  my  administration  of  the  civil 
government  of  the  State  of  Mississippi.  I,  however,  acknow- 
ledge the  constitutional  right  of  all  and  an}'  portion  of  the 
citizens  of  the  State,  in  a  peaceable  manner,  to  assemble  to- 
gether for  their  common  good,  and  apply  to  those  vested  with 
the  powers  of  government  for  redress  of  grievances,  or  other 
proper  purposes,  ~by  petition,  address,  or  remonstrance,  and  the 
correlative  duty  of  all  civil  officers  to  furnish  them  all  the  in- 
formation in  their  possession  that  pertains  to  their  welfare  and 
happiness,  when  respectfully  requested  so  to  do. 

I  have  no  secrets  I  desire  to  withhold  from  any  class  of  our 
people,  white  or  black.  My  Proclamation  of  the  9th  of  Decem- 
ber, 1867,  was  issued  at  the  urgent  request  of  Gen.  Ord,  Com- 
mander of  4th  Military  District,  and  all  the  information  I  have 
on  the  subject  3Tou  desire  to  investigate,  was  received  from  and 
through  him,  except  a  few  letters  received  from  prominent  citi- 
zens, which  I  referred  to  him  as  soon  as  received,  and  which  I 
presume  are  now  in  his  possession. 

For  obvious  reasons  then,  I  must  refer  the  committee  to  him, 
and  if  in  his  judgment  a  revelation  of  the  sources  of  informa- 
tion will  not  be  an  act  of  bad  faith  to  the  informers,  white  and 
black,  as  prejudicial  to  the  public  service,  and  will  authorize  a 
publication  of  all  the  communications,  public  and  private,  I 
will  cheerfully  comply  with  his  instructions  on  that  subject. 

Very  respectfully, 
(Signed),  Bexj.  G.  Humphreys, 

Governor  of  Ilississippi. 

To  A.  Alderson,  Chairman  of  Committee. 

[B.  ] 

Holly  Sprixgs,  Miss.,  Feb.  14,  1S68. 

To  A.  Alderson,  Esq.,  Chairman  of  Committee, 

Mississsppi  Constitutional  Convention,  Jackson,  Jliss.: 

Sir — I  am  in  receipt  of  a  letter  from  Gen.  A.  Gillem's  Head- 
quarters, transmitting  one  from  you,  asking  "all  the  informa- 
tion I  possess  touching  the  facts  that  occasioned  the  issuing  of 
that  Proclamation,  "  (referring  to  a  recent  Proclamation  of  the 
Governor  of ,  Mississippi,  upon  the  subject  of  illegal  combina- 
tions), "as  far  as  consistent  with  my  obligations  to  those 
from  whom  the  communications  were  received." 


400 


As  I  have  turned  over  with  the  command  of  the  4th  Military 
District,  all  the  communications  referred  to,  not  even  retaining 
copies,  I  have  no  means  of  furnishing  you  with  the  desired 
information. 

I  am  sir,  respectfully,  your  ob't  servant, 

E.  O.  C.  Ord, 
Brig,  and  Bet.  Maj.  Gen. 

[C] 

Headquarters  Fourth  Military  District ,) 
Mississippi  and  Arkansas,  V 
Vicksburg,  Miss.,  March  17,  1868.  ) 

Hon.  A.  Alderson,  Chairman  Committee  Constitutional  Con- 
vention of  the  State  of  Mississippi : 

Sir— I  am  directed  by  the  General  Commanding  to  acknowl- 
edge the  receipt  of  your  communication  of  the  24th  ultimo, 
asking  to  be  furnished  with  any  information  in  his  possession 
upon  which  the  proclamation  of  His  Excellency,  the  Governor, 
referred  to  by  you  was  based,  and  in  reply  thereto,  to  inform 
you  that  the  General  Commanding,  upon  due  consideration  of 
the  character  of  the  reports  made  to  his  predecessor,  General 
Ord,  upon  which  the  action  was  taken,  finds  that  they  partake 
of  a  confidential  nature;  also,  with  regard  to  the  considerable 
evils  and  little  good  that  would  seem  to  result  from  their  pub- 
lication, he  decides  that  it  would  be  incompatible  with  his  duty 
to  comply  with  your  request.  At  the  same  time,  the  Com- 
manding General  desires  to  inform  you  that  he  never  shared  in 
the  belief  that  insurrection  was  meditated  by  any  class  of  the 
inhabitants  of  this  State. 

I  am  sir,  very  respectfully, 

Your  obedient  servant, 

(Signed.)  John  Tyler, 

1st  Lieut.  AM  Inf.  Brevet  Major  V.  S.  A.,  A.  A.  A.  G. 

Mr.  Hauser  moved  to  suspend  the  rules,  to  enable  him  to 
offer  a  resolution;  which  was  lost. 

Mr.  Morgan  moved  that  the  report  of  the  special  committee 
in  reference  to  the  Governor's  proclamation,  relative  to  insur 
rectionary  organizations,  be  refercd  to  a  special  committee  of 
three. 

Mr.  Chappell  moved  the  previous  question,  which  was  sus- 
tained ; 

And  the  motion  of  Mr.  Morgan  was  lost, 
Mr.  Castello  moved  to  suspend  the  rules  to  take  up  ordinance 
on  printing ; 
Which  was  lost. 

The  special  order  being  the  report  of  the  committee  on 
Franchise,  was  taken  up. 
Section  6: 

The  vote  adopting  the  section  was  reconsidered. 
Mr,  Compton  moved  to  adjourn;  which  was  lost. 


401 


Mr  G-ibbs  moved  to  indefinitely  postpone  the  consideration 
of  section  6; 

Which  was  carried. 

B&r.  Castello  moved  to  suspend  the  rules  ro  permit  the  intro- 
duction of  a  resolution ; 
Which  was  lost. 

Mr.  Combash  moved  to  adjourn  until  3  o'clock  p. 
Which  was  carried. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President.  Messrs.  Alderson,  Alcorn.  Ballard.  Beam. 
Bonner.  Brinson,  Clarke.  Combash.  Compton,  Dalton,  Elliott 
John.  Gaither,  Goss.  Hemmingwar.  Howe.  Hutto.  Johnson  $., 
Jones,  Kerr.  Lawson.  Longrnire.  Mask.  Musgrove.  Montgorm 
Myers.  McKnight.  Nelms,  Newsom,  Parsons  J.  R.,  Peyton  E. 
G..  Phillips.  Railsback.  Richardson.  Stewart.  Stovail.  Stiles. 
Walker,  Warren.  Weir.  Williams,  and  Yeoman — 12. 

The  following  delegates  were  absent: 

Messrs.  Barry.  Bridges.  Caldwell.  Castello,  Chapman.  Chap- 
pell.  Collins,  Conler,  Cunningham.  Dowd.  Drane,  Elliott  James. 
Faw-.  Field,  Eitzhugh.  Gibbs.  Gray.  Handy.  Hauser.  Herbert. 
Holland.  Jacobs,  Jamison.  Johnson  A..  Lack.  Leas.  Leonard. 
Mayson.  Miles.  Moore.  Morgan.  Mygatt.  McCutchen,  McKee. 
Neiison,  Nesbitt,  Orr.  Ozanne,  Parsons  E..  Peyton  E.  A.,  Powell. 
Quinn.  Rainey,  Smith.  Stites.  Stricklin.  Stringer.  Townsend, 
Toy.  Vaughan.  Wat-son.  and  Woodmansee — 52, 

Mr.  Compton  moved  to  adjourn  : 

Which  was  lost. 

Mr.  Musgrove  moved  that  the  Convention  take  a  recess  for 
ten  minutes; 
Which  was  lost. 

On  motion  of  Mr.  Gibbs.  the  Convention  adjourned  until 
Monday  morning  at  9  o'clock. 

T.  P.  Sears. 

Secretary, 


SIXTY-SIXTH  DAY, 

Jackson.  Miss.,  Monday.  March  23d.  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 
C— 26 


402 


Mr.  President,  Messrs.  Alclerson,  Alcorn,  Ballard,  Beam, 
Bonney,  Bridges,  Brinson,  Castello,  Chapman,  Chappell,  Clarke, 
Combash,  Compton,  Caldwell,  Dalton,  Elliott  John,  Elliott 
James,  Field,  Fitzhugh,  Gaither,  Gibbs,  Goss,  Gray,  Handy, 
Hauser,  Hemmingway,  Herbert,  Holland,  Howe,  Hutto,  Jacobs, 
Jamison,  Johnson,  A.,  Johnson  S.,  Jones,  Kerr,  Lawson,  Leas, 
Leonard,  Longmire,  Mayson,  Mask,  Musgrove,  Moore,  Myers, 
Morgan,  McCutchen,  McKee,  McKnight,  Nelms,  Nesbitt,  New- 
som,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton,  E.  A., 
Peyton  E.  G.,  Phillips,  Powell,  Quinn,  Railsback,  Richardson, 
Stricklin,  Stewart,  Stites,  Stovall,  Stiles,  Stringer,  Townsend, 
Toy,  Vaughan,  Walker,  Warren,  Weir,  Williams,  Woodmansee, 
and  Yeoman — 78. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Collins,  Conley,  Cunningham,  Dowd,  Drane, 
Fawn,  Hemmingway,  Lack,  Montgomery,  Miles,  Mygatt,  Neil- 
son,  Rainey,  Smith,  and  Watson — 16. 

The  Journal  of  Saturday  was  read  and  approved. 

Leave  of  absence  was  granted  Mr.  Drane  for  one  day. 

Mr.  Field  submitted  the  following  report : 

To  the  Honorable  President  and  Members  of  the  Constitutional 
Convention  of  Mississippi  : 

The  committee,  to  whom  was  referred  the  preparation  of  an 
ordinance  for  the  relief  of  the  people  of  the  State,  having  had 
the  subject  under  consideration,  respectfully  report  the  fol- 
lowing preamble  and  ordinance,  as  being  the  best  they  can  sug- 
gest to  accomplish  the  end  proposed. 

The  Government  of  the  United  States  cannot  lawfully  exer- 
cise civil  authority  in  any  State  over  matters  that  of  right 
belong  to,  and  which  have  been  reserved  to  it,  or  its  people,  by 
the  Constitution.  But  as  the  general  welfare  and  liberty  of 
the  people,  are  the  ends  for  which  both  were  instituted,  the 
Government  of  the  United  States  is  bound  with  a  view  to  these 
ends,  to  guarantee  governments,  republican  in  form,  to  every 
State,  to  use  the  military  power  in  order  to  effect  them,  and 
comply  with  the  obligations  the  Constitution  imposese,  of  estab- 
lishing justice,  and  insuring  tranquility,  wherever  they  have 
been  disturbed  within  its  jurisdiction,  to  give  the  guarantee 
aforesaid,  when  its  civil  power  cannot  be  interposed  constitu- 
tionally for  the  purpose. 

The  Government  of  the  United  States  occupies  and  governs 
the  State  of  Mississippi,  by  its  military  power  as  necessary  to 
stay  injustice  and  violence  growing  out  of  the  late  rebellion, 
and  will  continue  so  to  do,  until  lawful  civil  government, 
republican  in  form,  is  established  by  the  joint  power  of  Con- 
gress and  the  loyal  people. 

The  provisional  government  at  present  existing  in  the  State, 
is  administered  by  those  whose  views  of  the  Constitution  for- 
bid the  relief  sought,  so  far  as  it  is  claimed  on  the  justice  or 
necessity  of  slave  emancipation,  and  as  it  was  on  the  ground  of 


403 


such  presumed  necessity,  the  government  and  all  concerned, 
were  induced  to  destroy  the  consideration  upon  which  con- 
tracts to  pay  money  for  such  property  was  based,  and  of  course 
it  would  be  useless  to  seek  it  from  that  source. 

The  great  losses  incident  to  the  late  rebellion,  deprived  the 
people  of  the  means  of  paying  their  debts  and  liabilities,  the 
chief  of  which  arose  from  the  act  of  the  Government  of  the 
United  States  proclaiming  liberty  to  the  slave  population,  which 
it  deemed  necessary  to  save  the  Union  from  disruption,  by 
weakening  or  destroying  the  power  of  its  enemies. 

The  people  of  the  State,  also,  in  convention  assembled,  repre- 
senting debtors  and  creditors,  and  all  others  in  interest,  both 
loyal  and  disloyal,  have  approved,  sanctioned,  and  legitimated 
the  destruction  of  property  in  slaves,  thus  destroying  equiva- 
lent value  in  the  things  for  which  contracts  were  made  and  lia- 
bilities incurred,  thereby  acknowledging  a  National,  State,  and 
social  necessnw,  paramount  to  all  law,  which  not  only  justifies 
the  destruction  of  all  contracts  and  indebtedness  for  such  pro- 
perty, but  demands  it. 

Whether  Congress,  through  the  Provisional  Government, 
could  or  would  afford  relief  in  the  premises,  has  not  been  in- 
quired into,  and  as  the  State  is  not  provided  with  lawful  civil 
government  to  afford,  nor  the  military  authorized  to  supply  it; 
therefore, 

Be  it  ordained  by  the  people  of  the  State  of  Mississippi,  in 
Constitutional  Convention  assembled,  That  all  indebtedness  for 
slave  property,  be  and  is  hereby  declared  void,  and  all  the 
officers  elected  or  appointed  under  the  Government  established 
by  this  Convention,  will  govern  themselves  accordingly;  and 

Whereas,  The  poor  of  this  State  should  be  afforded  the  same 
relief  from  debt  and  embarrassment  as  their  more  wealthy 
neighbors;  therefore, 

Be  it  ordained,  That  any  person  who  has  resided  in  this 
State  three  months,  of  legal  age,  who  will  make  oath  or  affir- 
mation, before  the  Probate  Judge  of  the  county  in  which  he  or 
she  may  live,  that  the}7  are  not  worth  more  than  the  law  allows 
as  property  exempt  from  execution,  and  whose  oath  shall  be 
confirmed  as  being  true,  by  two  good  and  lawful  witnesses, 
shall  receive  a  certificate  of  the  same  from  said  Judge,  which 
shall  be  a  protection  and  defense  against  the  claim  or  claims 
of  all  persons  existing  prior  to  date  of  said  certificate,  and  the 
Judge  aforesaid  shall  register  said  persons  named,  swearing  as 
aforesaid,  in  a  book  kept  for  the  purpose,  and  charge  the  sum 
of  one  dollar  for  the  same. 

Whereas,  The  Government  of  the  United  States,  with  a 
view  to  preserve  the  Union,  which  is  the  life  of  the  Nation, 
which  it  was  the  chief  design  of  its  institution  to  secure,  did 
deem  it  necessary  and  proper  to  destroy  property  in  slaves;  and 

Whereas,  The  people  residing  within  the  limits  of  what  is 
called  the  State  of  Mississippi  (whether  in  the  Union  or  not), 
did  by  their  representatives,  assembled  in  Jackson  (whether 
called  by  proper  authority  or  not),  ratify  and  confirm  said  act 


404 


of  emancipation,  clone  and  performed  by  the  Government  of 
the  United  States;  and 

Whereas,  The  people  in  their  individual  capacity,  have  con- 
curred therein  by  word  and  act,  thus  signifying  their 
entire  concurrence  in  the  acts  and  doings  of  what  purported  to 
be  the  lawfully  exercised  will  of  the  State  and  Nation,  whether 
they  believe  so  or  not;  thereby  ratifying  so  much  of  their 
authority,  at  least,  as  the  abolition  of  slavery  was  concerned; 
and 

Whereas,  By  such  destruction  of  property  in  slaves,  all 
other  description  of  property  has  so  deteriorated  in  value,  par- 
ticularly land,  that  one  dollar  will  buy  as  much  or  more, 
upon  an  average,  as  four  would  previously;  whereby  those 
who  become  indebted  to  others  for  property  previous  to 
the  surrender  of  the  Confederate  armies,  the  time  when  the 
property  above  named  became  valueless;  and 

Whereas,  Justice  demands  that  the  people  of  Mississippi, 
in  Constitutional  Convention  assembled,  together  with  the  peo- 
ple of  the  United  States  as  represented  in  Congress,  should  unite 
to  equalize  the  losses  and  injuries  between  debtor  and  creditor, 
rendered  unjust  if  the  letter  rather  than  the  spirit  of  the  law 
should  be  enforced,  whereby  the  creditor  will  get  four  times 
as  much  property  for  the  notes  or  other  promises  as  that  sold; 
and 

Whereas,  With  a  view  to  repair  the  evils  and  equalize  the 
the  burthen  likely  to  fall  upon  one  portion  of  the  communit3r, 
at  the  expense  of  another,  and  for  which  one  is  no  more  re- 
sponsible than  the  other,  but  the  result  of  a  common  calamity 
resulting  from  war,  and  which  it  is  the  duty  of  both  govern- 
ments to  equally  distribute ; 

Therefore,  he  it  ordained  by  the  people  of  Mississippi,  in 
Convention  assembled,  That  all  debts  and  liabilities  of  any  and 
every  sort,  incurred  by  any  person  resident  in  this  State,,  prior 
to  the  first  day  of  May,  1865,  be  considered  as  fully  discharged 
hy  the  payment  of  one-fourth  the  amount  thereon,  to  be  paid 
in  two  equal  annual  installments,  with  interest  thereon,  or  by 
the  surrender  of  the  property  purchased  upon  paying  legal 
interest  on  its  value  for  the  time  it  was  held  and  used  by  the 
purchaser. 

Mr.  Gibbs  moved  that  the  report  be  received,  200  copies 
printed,  and  made  the  special  order  for  Saturday  next. 

Mr.  Musgrove  moved  to  amend  by  making  it  the  special 
order  for  Wednesday  next. 

Mr.  Gibbs  moved  to  lay  the  amendment  of  Mr.  Musgrove  on 
the  table; 

Which  was  lost. 

Mr.  Castello  moved  the  previous  question  ; 
Which  was  sustained. 

And  the  amendment  of  Mr.  Musgrove  was  lost; 

And  the  motion  of  Mr.  Gibbs  was  carried. 

The  following  report  was  submitted  by  Mr.  Compton: 

Mr.  President  :  The  undersigned,  one  of  the  committee  on 


405 


Relief,  has  had  under  consideration  a  resolution  asking  that  a 
committee  of  three  be  appointed  to  draft  a  memorial  to  the 
General  Commanding  this  District,  on  the  subject  of  the  sale 
of  lands,  etc.,  and  begs  leave  to  report  that  in  his  opinion  the 
resolution  should  be  adopted. 

Very  respectfully, 

W.  M.  CoiiPTox, 
Sub- Committee. 

Report  received. 

Mr.  Weir  offered  the  following  as  a  minority  report: 

Whereas,  A  Convention  assembled  in  the  city  of  Jackson, 
State  of  Mississippi,  claiming  to  be  delegates  of  the  people  of 
the  sovereign  State,  and.  whether  legally  so  or  not,  did  organ- 
ize and  exercise  the  authority  on  behalf  of  the  people  of  the 
State  of  Mississippi,  declaring  themselves  and  the  people,  by 
authority  of  an  ordinance  which  they  adopted  on  the  9th  day 
of  January,  A,  D.  1861,  absolved  from  all  allegiance  which 
the}'  had  or  ever  acknowledged  to  the  government  of  the  United 
Stages  Gf  America,  under  and  by  authority  of  a  compact  enter- 
ed into,  and  denned  in  and  hy  virtue  of  the  Constitution  of 
the  United  States,  and  did  then  and  there  in  the  hall  of  the 
House  of  Representatives  declare  themselves  and  the  people  of 
the  State  of  Mississippi  forever  absolved  from  all  allegiance  to 
the  said  United  States,  and  declared  to  the  world  that  they 
were  a  free  and  independent  State,  and  did  furthermore  drag 
down  the  national  fiag  and  trample  it  in  the  dust;  and 

Whereas,  The  aforesaid  Convention  did  alter,  change,  and 
amend  the  Constitution  of  the  State  of  Mississippi  so  as  to 
strike  out  all  portions  thereof,  acknowledging  the  obligations 
of  the  people  of  the  State  to  the  Union  of  the  State,  and 
requiring  the  State  officers  to  take  a  solemn  oath  that  they 
would  support  the  Constitution  of  the  United  States,  none  of 
which  ordinances  or  amendments  were  submitted  to  the  people 
tor  their  ratification  or  rejection;  and 

Whereas,  They  did  furthermore  elect,  appoint,  and  com- 
mission certain  of  their  so-called  delegates  to  represent 
themselves  and  the  people  of  the  State  in  a  so-called  Conven- 
tion of  delegates  appointed  by  them,  and  the  Convention  of 
other  seceding  States,  to  be  held  in  Montgomery,  in  the  State 
of  Alabama,  which  so-called  Convention  did  meet  at  the  time 
appointed,  and  did  then  and  there  adopt  a  Constitution  and 
frame  a  so-called  government  by  the  name  and  style  of  the 
Confederate  States  of  America,  with  the  avowed  treasonable 
design  of  dismembering  and  destroying  the  United  States  gov- 
ernment; and 

Whereas,  To  carry  out  their  treasonable  purposes,  they  did 
so  alter  and  change  the  Constitution  of  the  State  of  Missis- 
sippi as  to  require  all  officers,  civil  and  military,  before  entering 
upon  the  discharge  of  their  duties,  to  take  and  subscribe  a 
-solemn  oath  or  affirmation  that  they  would  support  and  maintain 
the  so-altered  Constitution  of  the  State  of  Mississippi,  and 
also  the  so-called  Constitution  of  the  so-called  Confederate 


406 


States  of  America,  it  being  a  government  foreign,  antagonistic 
to,  and  at  enmity,  and  waging  war  with  and  against  the  United 
States,  and  also  of  the  Constitution  of  the  State  of  Missis- 
sippi adopted  in  conformity  with  vows  of  allegiance  to  the  Uni- 
ted States;  and 

Whereas,  These  officers,  both  civil  and  military,  b}^  taking 
voluntarily  said  oaths  of  office,  did,  by  said  voluntary  act,  con- 
stitute themselves  aliens  to  the  United  States  Government,  and 
citizens  and  officers  of  a  government  foreign  to  and  waging 
war  against  the  United  States,  and  therefore  their  acts  in  en- 
acting and  executing  their  laws  being  enacted  and  executed  by 
foreigners,  cannot  have  any  legal  or  binding  influence  or  validity 
with,  or  over  the  loyal  citizens  of  the  State  of  Mississippi; 
therefore, 

Be  it  ordained  by  the  loyal  citizens  of  ths  State  of  Mis- 
sissippi, in  Convention  assembled,  That  all  laws  enacted,  and 
all  acts  done  by  said  officers  sworn,  qualified,  and  empowered 
by  virtue  of  the  Constitution  of  said  State  of  Mississippi, 
amended  as  aforesaid,  and  of  the  so-called  Confederate  States 
of  America,  be,  and  the  same  are  hereby  declared  to  be  null 
and  void,  except  the  solemnization  of  the  bonds  of  matrimony 
and  the  acknowledgement  and  recording  of  deeds  conveying 
real  estate  for  and  in  consideration  bona  fide  contracts  fairly 
entered  into,  for  a  fair  and  valuable  compensation,  made  in  good 
faith,  and  the  acts  and  obligations  of  administrators  and  guar- 
dians done  in  accordance  with  the  laws  of  the  State  prior  to  the 
passage  of  said  ordinance  of  secession,  in  the  management  of 
the  estates  of  decedents,  and  the  property  of  minors,  and  that 
all  judgments,  decrees,  and  decisions  of  any  and  eveiy  Judge 
of  any  court  of  record,  and  all  and  every  judgment  of  any 
Mayor  of  any  city,  town,  or  corporation,  or  Justice  of  the 
Peace,  and  each  and  every  execution,  order,  or  fi,  fa.  of 
whatever  nature,  rendered  by  or  issued  under  and  by  said  judi- 
cial officers,  acting  under  and  by  authority  of  the  aforesaid 
Constitutions  and  laws  of  said  so-called  government,  are 
hereby  declared  to  be  null  and  void;  also,  all  acts  of  each  and 
every  Marshal,  Sheriff,  Constable,  or  their  deputies,  and  all 
findings  and  verdicts  of  any  grand  or  petit  juries,  acting  under 
oaths  of  allegiance  to  said  so-called  Confederate  government 
from  the  first  day  of  March  of  A.  D.  1861,  to  the  20th  day  of 
May,  A.  D.  1865. 

And  be  it  further  ordained,  That  all  contracts  entered  into, 
and  liability  incurred  in  any  manner  or  form  whatever  from 
the  aforesaid  first  day  of  March  A.  D.  1861,  to  the  aforesaid 
twentieth  day  of  May,  A.  D.  1865,  are  held  to  have  been  done 
by  foreigners  and  aliens  in  aid  of  the  rebellion  which  existed 
during  said  period  of  time,  and  are  hereby  declared  to  be  null 
and  void,  and  of  no  binding  force  or  effect,  and  if  any  judicial 
officers  shall  issue  any  writ  or  summons  upon  the  authority  of 
any  bill,  bond,  note  of  hand  or  wilting  obligatory,  claims  or 
accounts  executed  and  entered  into  during  said  period  of  time, 
he  shall  be  deemed  guilty  of  misdemeanor  in  office,  and  upon 


407 


conviction  thereof,  removed  from  office,  and  thereby  rendered 
incapable  of  holding  any  office  of  trust  or  profit  in  this  State, 
And  be  it  further  ordained,  That  the  limitation  laws  of  this 
State  as  enacted  and  in  force  on  and  before  the  passage  of  the 
Ordinance  of  Secession,  have  been,  and  shall  continue  to  be  in 
full  force  in  every  particular  the  same  as  if  no  such  ordinance 
Lad  ever  been  passed,  or  rebellion  had  never  existed,  and  that 
this  ordinance  shall  be  made  an  article  of  the  Constitution  of 
the  State  of  Mississippi,  and  take  effect  and  be  in  force  from 
and  after  the  ratification  thereof  by  the  people  of  the  State,  as 
provided  for  by  the  Reconstruction  Acts  of  Congress  of  the 
United  States  of  America. 

Very  respectfully. 

James  Weir, 
Jlember  of  Committee, 
Mr,  Chappell  moved  to  receive  the  report,  print  two  hundred 
copies,  and  make  the  same  the  special  order  for  Saturday; 
Which  was  carried. 

Mr.  Moore,  of  Lauderdale,  offered  the  following: 

Besolved.  That  this  body  is  composed  of  Generals.  Majors, 
Captains,  Lawyers,  Ministers,  Farmers,  Planters,  Painters,  and 
Blacksmiths,  let  us  go  to  work,  frame  the  Constitution  for  Mis- 
sissippi, and  go  home  to  our  Constituents, 

Which  was  adopted. 

Mr.  Warren  offered  the  following: 

Besolved,  That  hereafter  speeches  of  members  of  this  Con- 
vention be  limited  to  five  minutes  each,  and  any  rule  to  the 
contrary  is  hereby  repealed. 

Mr.  Stites  moved  to  amend  by  inserting  the  word  "ten" 
instead  of  the  word  "five." 

Mr.  Parsons,  of  Adams,  moved  to  lay  the  resolution  and 
amendment  on  the  table; 

Which  was  carried. 

Mr.  Phillips  offered  the  following: 

Whereas,  In  view  of  the  impoverished  condition  of  the 
people  of  this  State,  their  financial  embarrassment,  and  the 
general  bankruptcy  that  must  follow  the  collection  of  the  levee 
tax  in  the  river  counties;  therefore,  be  it 

Resolved,  That  the  Convention  request  the  Commanding 
General  to  suspend  the  collection  of  all  levee  taxes  until  such 
time  as  the  Legislature,  in  its  wisdom,  may  see  fit  to  order  and 
enforce  its  collection. 

Be  it  further  resolved,  That  a  copy  of  this  preamble  and 
resolution,  signed  by  the  President,  and  countersigned  by  the 
Secretary,  be  immediately  transmitted  to  the  General  command- 
ing. 

Which  was  adopted. 

Mr.  Clarke,  of  Yazoo,  offered  the  following: 

Whereas,  Mississippi,  lately  subject  to  the  destructive  vio- 
lence of  rebellion,  in  reorganizing  under  the  auspices  of  Con- 
gress, seeks  to  rebuild  her  institutions,  upon  the  foundation  of 
universal  intelligence  among  the  people,  and.  in  these  efforts 


408 


looks  to  the  General  Government,  and  especially  to  the  National 
Department  of  Education  for  co-operation;  therefore,  be  it 

Resolved,  by  the  people  of  Mississippi,  in  Convention  assem- 
bled, That  we  earnestly  pray  Congress  to  legislate  in  aid  of 
said  Department  of  Education,  so  as  to  promote  its  efficiency. 

Which  was  adopted. 

The  Convention  proceeded  to  consider  the  ordinance  supple- 
mentary to  the  ordinance  on  printing; 

Section  1,  being  put  upon  its  adoption,  was  lost. 

Section  2  was  adopted,  and  reads  as  follows: 

Section  2.  Be  it  further  ordained,  That  the  official  Journal, 
Ordinances  and  Constitution  submitted  by  the  Convention 
shall  be  twenty-eight  ems  wide  and  fifty-one  ems  in  length,  and 
printed  in  single  column;  the  proceedings  to  be  set  in  small 
pica  type,  leaded,  and  the  debates  and  ordinances  in  long  primer 
type,  solid. 

Section  3: 

Mr.  Clarke  moved  to  amend  as  follows : 

Strike  out  the  words  "  and  Secretary, "  and  insert  after  the 
word  "  Convention, "  in  the  ninth  line,  the  words,  "  and  the 
Chairman  of  Committee  on  Ratification  of  Constitution." 

Mr.  Compton  moved  to  recommit  the  report. 

Mr.  Gibbs  moved  to  lay  the  motion  on  the  table. 

Which  was  lost. 

Previous  question  ealled,  call  sustained;  and  the  motion  of 
Mr.  Compton  was  lost. 

Mr.  Morgan  moved  to  indefinitely  postpone. 
Mr.  Fitzhugh  moved  to  lay  on  the  table; 
Which  was  carried. 

Mr.  Orr  moved  to  table  the  amendment  of  Mr.  Clarke; 
Which  was  lost. 

And  under  the  operation  of  the  previous  question,  the 
amendment  of  Mr.  Clarke  was  adopted. 

And  section  3  was  adopted  as  amended,  and  reads  as  follows: 

Sec.  3.  Be  it  farther  ordained,  That  after  the  adjournment 
of  this  Convention,  and  the  Constitution  shall  have  been  sub- 
mitted to  the  electors  of  the  State  for  ratification  or  rejection , 
all  accounts  for  printing  shall  be  certified  to  by  the  President 
of  this  Convention,  and  the  chairman  of  the  committee  on 
Ratification  of  Constitution  as  being  correct,  before  warrants 
shall  issue  in  payment  thereof. 

Mr.  Castello  moved  to  adjourn; 

Which  was  carried. 

And  the  Convention  adjourned  until  3  o'clock  p.  m.  • 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam, 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Clarke,  Gombash, 


409 


Compton,  Elliott  John,  Elliott  James,  Field.  Fitzhugh.  Gaither, 
Gibbs,  Goss,  Gray,  Hauser,  Herbert,  Holland,  Howe,  Hutto, 
Jacobs.  Johnson  S..  Johnson  A.,  Jones,  Kerr.  Lawson.  Leas. 
Leonard,  Longmire.  Mavson,  Mask,  Musgrove,  Moore,  Morgan, 
Myers.  MeCntehen.  McKee,  McKnight,  Nelins,  Newsom.  Orr, 
Ozanne,  Parsons  F.,  Parsons  J.  P.,  Peyton  E.  A.,  Phillips, 
Powell.  Quinn,  Railsbaek,  Rainey,  Stewart,  Stites,  Stringer, 
Townsend,  Toy,  Walker,  Warren,  Weir,  Williams,  Woodman- 
see  and  Yeoman — 70. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Chappell,  Collins,  Conley,  Cunningham.  Bal- 
lon, Dowd,  Drane,  Fawn,  Handy,  Hemmingway,  Jamison. 
Lack.  Montgomery,  Miles,  Mygatt,  Neilson,  Nesbitt,  Smith. 
Sto\all.  Stricklin.  Stiles.  Vaughan,  and  Watson — 24. 

Leaves  of  absence  were  granted  to  Mr.  Jones  for  ten  days: 
to  Mr.  Fawn,  for  five  days. 

The  supplemental  report  of  the  committee  on  Legislative 
Department  was  called  up.  and  passed  its  first  reading. 

The  supplemental  reports  of  the  committee  on  judiciary 
were  taken  up.  and  the  reports  of  Messrs.  Parsons,  of  Adams, 
and  Gibbs,  of  Wilkinson,  passed  their  first  reading. 

Mr.  Fitzhugh  moved  to  suspend  the  rules  to  take  up  the 
report  of  the  committee  on  the  Legislative  Department; 

Which  was  laid  on  the  table. 

Therepcrt  of  the  committee  on  Franchise  was  taken  up, 
and  the  amendment  to  the  amendment  offered  by  Mr.  Castelio, 
March  20th.  being  under  consideration; 

Mr.  Goss  offered  the  following: 

Whereas,  It  appears  that  the"  reports  of  the  Committee  on 
Franchise  are  not  approved  by  a  majority  of  the  delegates  to 
this  Convention;  therefore,  be  it 

Resolced,  That  a  special  committee  of  five  be  appointed  by 
the  President  with  instructions  to  prepare  and  report  a  clause 
for  the  Constitution  of  this  State,  the  qualifications  for 
office  in  which  shall  be  in  strict  conformity  to  the  requirements 
of  the  proposed  amendment  to  the  Constitution  of  the  United 
States,  known  as  the  14th  amendment,  and  in  accordance  with 
the  various  Acts  of  Congress  known  as  the  Reconstruction 
measures. 

Mr.  Clarke  moved  to  lay  the  resolution  on  the  table; 
Which  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorm  Bridges,  Brinson,  Caldwell, 
Castelio,  Clarke,  Field,  Gibbs,  Handy,  Holland,  Jacobs,  John- 
son A..  Leonard,  Moore.  Morgan,  Myers,  McKee,  McKnight, 
Newsom,  Peyton  E.  A..  Peyton  E.  G.  Powell.  Stewart,  Stites, 
Stringer,  Toy,  Warren,  Weir.  Williams,  Woodmanssee— 31. 

Nays — Messrs.  Ballard,  Beam,  Compton.  Dalton.  Elliott 
John,  Elliott  James,  Gaither,  Goss,  Gray,  Hauser,  Herbert, 
Howe.  Hutto.  Johnson  S..  Kerr,  Lawson,  Leas.  Mayson,  Mask, 
Musgrove,  McCutchen,  Nelms,  Nesbitt,  Orr,  Ozanne,  Parsons 
F.,  Parsons  J.  R.,  Phillips,  Railsbaek,  Richardson,  Stiles, 
Townsend.  and  Yeoman — 33. 


410 


Mr.  Parsons,  of  Adams,  moved  to  amend  as  follows: 

Strike  out  all  that  part  of  the  resolution  that  refers  to  the 
elective  franchise. 

A  motion  to  table  was  lost. 

Mr.  McKee  moved  to  amend  as  follows: 

That  no  person  who  signed  the  Ordinance  of  Secession  of 
1861  be  allowed  to  hold  office; 

Which  was  carriied. 

And  the  amendment  of  Mr.  Parsons,  as  amended,  was  adopt- 
ed, by  the  following: 

Yeas — Messrs.  Alderson,  Alcorn,  Bridges,  Brinson,  Castello, 
Chapman,  Clarke,  Compton,  Fitzhugh,  Gibbs,  Handy,  Hauser, 
Holland,  Jacobs,  Johnson  A.,  Lawson,  Leas,  Leonard,  Mayson, 
Moore,  Morgan,  Myers,  McKee,  McKnight,  Newsom,  Ozanne, 
Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Quinn, 
Railsback,  Stewart,  Stites,  Stringer,  Toy,  Warren,  Weir,  Wil- 
liams, and  Woodmansee — 41. 

Nays — Messrs.  Ballard,  Beam,  Combash,  Dalton,  Elliott  Jas., 
Gaither,  Goss,  Gray,  Howe,  Hutto,  Johnson  S.,  Kerr,  Long- 
mire,  Mask,  Musgrove,  Nelms,  Orr,  Phillips,  Richardson,  Stiles, 
Townsend,  and  Walker — 22. 

Mr.  Woodmansee  moved  to  adjourn; 

Which  was  lost. 

Mr.  Morgan  moved  to  amend  the  section  as  follows: 
Insert  the  word  "seven,"  instead  of  the  word  "  five." 
Mr.  Fitzhugh  moved  to  table  ; 
Which  was  lost. 

The  previous  question  moved  and  sustained; 
And  the  amendment  of  Mr.  Morgan  was  adopted; 
And  the  resolution,  as  amended,  was  lost,  by  the  following- 
vote  : 

Yeas — Messrs.  Ballard,  Compton,  Dalton,  Elliott  James, 
Field,  Gaither,  Goss,  Gray,  Hauser,  Herbert,  Howe,  Hutto, 
Johnson  S.,  Jones,  Kerr,  Leas,  Longmire,  Mask,  Nelms,  Orr, 
Parsons  F.,  Parsons  J.  R.,  Phillips,  Railsback,  Richardson,  Sto- 
vall,  Stricklin,  Stiles,  Townsend,  Walker,  Warren,  Yeoman — 32. 

Nays — Messrs.  Alderson,  Alcorn,  Bridges,  Beam,  Bonney, 
Brinson,  Caldwell,  Castello,  Chapman,  Clarke,  Combash,  Fitz- 
hugh, Gibbs,  Handy,  Holland,  Jacobs,  Johnson  A.,  Lawson, 
Leonard,  Mayson,  Musgrove,  Moore,  Morgan,  Myers,  McKee, 
McKnight,  Newsom,  Ozanne,  Peyton  E.  A.,  Peyton  E.  G.. 
Powell,  Stewart,  Stites,  Stringer,  Toy,  Weir,  Williams,  and 
Woodmansee — 38. 

The  Convention  adjourned  until  to-morrow  morning  at  9 
o'clock. 

T.  P.  Sears, 

Secretary. 


411 


SIXTY-SEVENTH  DAY. 

Jackson.  Miss.,  Tuesday.  March  24th.  1868. 

The  Convention  met  pursuant  to  adjournment, 
Prayer  by  the  Chaplain. 

Upon  the  roil  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President.  Messrs.  Alderson.  Alcorn,  Barry.  Ballard, 
Beam,  Bonney.  Bridges.  Brinson.  Caldwell  Castello,  .Chapman. 
Chappell.  Clarke,  Combash,  Compton.  Daiton,  Drane.  Elliott 
John,  Elliott  James,  Field,  Fitzhugh.  Gaither,  Gibbs.  Goss. 
Gray.  Handy.  Ha  user.  Herbert.  Holland,  Howe,  Hutto.  Ja<  obs, 
Johnson  S..  Johnson  A..  Kerr.  Lawson.  Leas.  Leonard.  May  son, 
Mask,  Musgrove,  Moore.  Morgan.  Myers.  Mygatt.  McCutchen. 
McKee.  McKnight,  Neims,  Nesbitfc,  Newsom,  Orr.  Ozanne.  Par- 
sons F.,  Parsons  J.  P..  Peyton  E.  A..  Peyton  E.  G..  Phillips. 
Powell,  Quinn,  Railsback,  Richardson,  Stewart,  Stites,  Stovall, 
Stricklin.  Stringer.  Stiles,  Townsend.  Toy,  Vaughan,  Walker, 
Warren.  Weir,  Williams,  Woodrnansee.  and  Yeoman — 78. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Conley.  Cunningham.  Dowd.  Fawn.  Heni- 
mingway,  Jamison.  Jones.  Lack.  Longinire.  Montgomery.  Miles. 
Neilson,  Rainey.  Smith.  Watson — 16. 

Journal  of  yesterday  read  and  approved. 

Leave  of  absence  were  granted  to  Mr.  Daiton  for  ten  days: 
to  Mr.  Longinire  for  ten  days;  and  to  Mr.  Rainey  from  day  to 
day. 

Mr.  Orr  moved  to  suspend  the  rules  to  permit  him  to  make 
a  motion; 

Which  was  carried. 

Mr.  Orr  then  moved  to  amend  section  3  of  the  rules  so  that 
the  section  shall  read.  ;-  as  soon  as  the  roil  is  called  and  a  quo- 
rum found  to  be  present,  the  Journal  shall  be  read;'* 

Which  was  carried. 

Mr.  Stricklin.  of  Tippah,  presented  the  following: 
Me.  President  :  I  resign  my  seat  as  a  member  of  this  Con- 
vention, and  tender  it  to  some  abler  man.  I  do  this  first, 
because  I  believe  the  acts  of  Congress  under  which  we  are 
assembled,  are  unconstitutional,  unjust,  tyrannical,  and  oppres- 
sive. Next,  because  whether  the  acts  of  Congress  are  uncon- 
stitutional or  not.  the  members  of  this  Convention  are 
transcending  the  limit  of  whatever  power  they  may  have 
derived  by  virtue  of  their  constitutionality.  Again,  because 
this  body  is  inflicting  upon  the  people  by  taxations,  a  burden 
they  are  illy  able  to  bear,  and  to  which  I  do  not  desire  to  offer 
further  contribution.  Lastly,  because  I  am  totally  disgusted 
with  its  nonsense. 

Respectfully, 

W.  T.  Stricklix. 

Delegate  from  Tippah  County. 
Hon,  B.  B.  Eggleston,  President,  etc. 


412 


The  communication  was  received  and  resignation  accepted. 

Mr.  Ppesident  :  The  committee  on  Contingent  Expenses, 
to  whom  was  referred  the  annexed  accounts,  would  respectfully 
report  that,  after  a  careful  investigation  of  said  accounts,  they 
have  found  them  correct,  and  would  recommend  that  they  be 
allowed. 

Respectfully, 

U.  Ozanne,  Chairman, 
W.  H.  Gibbs, 
J.  Eailsback, 
J.  C.  Brinson, 

Committee, 

State  of  Mississippi. 

To  Jackson  Postoffice,  Dr. 

March  21st,  1868. 

For  postage  on  instructions  sent  to  sixty-one  coun- 
ties for  collection   of  Constitutional  Convention 
Tax,  sent  by  the  Auditor  of  Public  Accounts ....  $687 
Correct : 

F.  Parsons, 
Chairman  Finance  Committee. 

State  of  Mississippi, 

To  JST.  G.  Gill,  Dr. 

For  one  cord  of  wood,  for  use  of  Constitutional  Con- 
vention  ,   $6  50 

State  of  Mississippi, 

To  Memphis  Daily  Post,  Dr. 

To  30  dailies  for  one  month   $30  00 

"  to  March  the  25th,  1868   30  00 

$60  00 

State  of  3fississippi, 

To  _ZV.  G.  Gill,  Sergeant- at- Arms,  to  Eyrich  &  Co.,  Dr. 

To  500  office  envelopes   810  00 

To  3  gross  steel  pens   5  00 

To  2  boxes  quill     "   2  00 

To  3  quarts  Arnold's  Ink   6  75 

To  1  ream  letter  paper    10  00 

$33  7.i 

State  of  Mississippi, 

To  M.  C.  Callaway  &  Co.,  Dr. 

To  subscription  for  Daily  Avalanche  for  three 
months,  commencing  January  24th  and  ending 
March  24,  1868,   $3  00 


413 


Sta *e  of  Mississippi, 

To  Persons  &  Bailey.  Da. 

To  4  brooms                      .*   $2  00 

To  3  glasses   50 

$2  50 

State  of  Mississippi, 

To   Vernon  &  Shannon,  Db. 

To  16  copies  of  Daily  Times,  from  the  16:h  t  d  the  31s: 

of  January   .$3  CO 

To  20  copies  of  Daily  Times  per  da}*,  for  month  of 

February  1868   20  00 


S  i  a  t  e   of  Miss  iss  ippi, 

To    Yicicshurg  Daily  Herald.  Dp. 

To  5  copies  Daily  Herald,  for  tvro  months  to  March 

16th.  1868,..   $10  00 

State  of  Mississippi, 

To  X.  G.  Gill,  Db, 

To  1  copy  of  Chronicle,  from  January  2 1st  to  March 

21st,  inclusive,   84  00 

State  of  Mississippi, 

To  To  rich  &  Co.,  Dbs 

To  2  bottles  copying  ink   $5  00 

To  3  blank  books .   3  25 

To  6  quires  blank  books   6  00 

To  6  gross  steel  pens   9  00 

To  6  dozen  rubber  bands   4  00 

To  6  letter  clips   3  25 

To  3-J-  thousand  office  envelopes   63  00 

To  1  letterpress   15  00 

To  2  copying  books   13  50 

To  6  sheets  blotting  paper.  .  ........  2  00 

To  J  ream  envelope  paper   3  75 

To  1  glass  deskinstand   2  00 

To  3  ruler  rubbers   4  50 

To  1  sheet  oil  paper   25 

To  1  paper  cutter   75 

To  1  blank  book  (3  quires)  .  . .  3  00 

To  1  blank  book   .  1  00 

To  5  quires  envelope  paper  ,  =  .  .  .  3  75 

To  1  copying  brush   1  25 

To  12  quires  blank  book  for  Auditor ................  12  00 

To  1  index  for  above  ...............  75 

Total  ,   $157  00 


414 


Rules  suspended,  report  received,  and  the  several  amounts 
therein  stated,  allowed  and  ordered  to  be  paid. 
Mr.  Chappell  offered  the  following: 

Whereas,  A  playful  resolution  was  offered  by  Mr.  Jones, 
yesterday,  in  reference  to  Mr.  Castello  having  exhibited  a  non- 
descript weapon  upon  this  floor,  which  it  is  believed  was  only 
intended  to  break  the  monotony  of  the  proceedings,  and  with 
no  intention  of  imputing  to  Mr.  Castello  the  intention  of  inter- 
rupting the  proceedings  of  the  Convention;  therefore, 

Be  it  resolved,  That  the  said  resolution,  by  Mr.  Jones,  be 
stricken  from  the  Journal. 

Which  was  adopted. 

Mr.  Ballard  offered  the  following : 

Whereas,  During  the  late  war,  large  amounts  of  land  were 
forfeited  or  sold  to  the  State,  for  non-payment  of  taxes;  and 

Whereas,  The  State  Government,  at  that  time  existing,  was 
hostile  to  the  Government  of  the  United  States,  and  illegal, 
and  said  taxes,  if  paid,  would  have  been  to  the  support  of  the 
rebellion;  therefore, 

Be  it  resolved  by  this  Convention,  That  all  such  sales  or  for- 
feitures of  land  for  non-payment  of  taxes  to  the  State,  during 
the  years  1860,  1861,  1862,  1863,  and  1864,  be  declared  null  and 
void,  and  all  lands  advertised  as  delinquent  for  non-payment  of 
taxes,  during  the  war,  are  hereby  declared  free  from  all  claims 
of  the  State,  arising  therefrom. 

Mr.  Compton  moved  to  make  the  above  the  special  order  for 
Thursday  next; 

Which  was  laid  on  the  table. 

Mr.  Orr  moved  to  amend  as  follows : 

And  all  taxes  levied  under  or  by  authority  of  any  and  all 
county  or  municipal  authority,  during  the  same  time;  and  all 
indebtedness  incurred  by  the  State,  county,  or  municipal  au- 
thorities, except  for  works  of  internal  improvements,  for  edu- 
cational or  charitable  purposes,  during  the  years  1861,  1862, 
1863, 1864,  and  1865,  be  and  the  same  are  hereby  declared  null 
and  void,  and  of  no  effect. 

Mr.  Clarke  moved  to  make  the  resolution  of  Mr.  Ballard,  and 
the  amendment  of  Mr.  Orr,  the  special  order  for  Saturday  next. 

Mr.  Orr  moved  to  amend  the  motion  of  Mr.  Clarke,  by  adding 
that  one  hundred  copies  be  printed; 

Which  was  carried. 

And  the  motion  of  Mr.  Clarke,  as  amended,  was  carried. 
Mr.  Alderson  offered  the  following: 

Resolved,  That  the  committee  to  whom  was  referred  the  in- 
vestigation of  the  charges  made  in  the  proclamation  of  the  9th 
December,  1867,  be  revived,  and  that  the  report  made  by  them 
be  referred  back  to  them  for  further  consideration. 

Which  was  adopted. 

Mr.  Vaughan  offered  the  following: 

Whereas,  During  the  late  war  between  the  United  States  of 
America  and  the  so-called  Confederate  States,  there  was  sold 
and  forfeited  to  the  State  and  individuals. a  large  amount  of 


415 


divisions  and  sub-divisions  of  lands  situate,  hung,  and  being 
in  the  several  counties  of  the  State  for  taxes  due  thereon  to 
the  so-called  Confederate  States  then  in  rebellion  against  the 
government  of  the  United  States;  and 

Whereas,  It  now  fully  appears  that  the  Confederate  States 
government  did  not  exist  in  fact;  therefore,  be  it 

Resolved,  That  all  of  said  sales  of  divisions  and  sub-divisions 
of  lands  sold  to  individuals  or  forfeited  to  the  State  for  non- 
payment of  taxes  due  thereon,  between  ths  first  day  of  January. 
1861,  and  the  first  day  of  May,  1865,  are  hereby  declared  null 
and  void,  and  of  no  effect  in  law,  and  that  the  same  revert  back 
to  the  original  owner  on  the  payment  of  the  State,  count}',  and 
special  taxes  due  thereon  after  said  last  mentioned  date. 

And  be  it  further  resolved,  That  the  committee  on  General 
Provisions  be  required  to  draft  an  ordinance  to  be  made  a  part 
of  the  Constitution,  covering  and  containing  the  facts  embodied 
in  this  resolution. 

Mr.  Compton  moved  to  lay  the  preamble  and  resolution  on 
the  table; 

Which  was  lost. 

Mr.  Morgan  moved  to  adopt  the  preamble  and  resolution. 

Mr.  Morgan  moved  to  strike  out  the  words  "  General  Pro- 
visions" and  insert  the  words  "Ordinance  and  Schedule." 

Mr.  Herbert  moved  that  the  subject  be  made  the  special  order 
for  SaturdajT  next  ; 

Which  was  carried. 

Mr.  Townsend  offered  the  following: 

Resolved,  That  the  chairman  of  the  committee  on  Ordinance 
and  Schedule  be  instructed  to  confer  with  the  General  com- 
manding the  Fourth  Military  District  and  ascertain  from  him. 
officially,  if  he  will  permit  the  Board  of  Registrars  of  the 
various  counties  to  receive  and  make  return  to  him  of  the 
votes  cast  for  State,  count}r,  and  district  officers,  and  will  make 
official  promulgation  thereof. 

Mr.  Clarke  moved  to  strike  out  the  word  "  committee"  and 
insert  the  word  "  Secretary." 

Mr.  Orr  moved  to  lay  both  the  resolution  and  amendment  on 
the  table ; 

Which  was  carried. 

Mr.  Gibbs  moved  to  suspend  the  rules  to  take  up  the  supple- 
mental report  of  committee  on  Legislative  Department; 
Which  was  carried. 

And  the  supplemental  report  was  taken  up  on  its  second 
reading. 

Mr.  McKee  moved  to  consider  by  paragraphs; 
Which  was  lost. 

Mr.  Compton  moved  to  adjourn; 
Which  was  lost. 

Mr.  Townsend  moved  that  the  Convention  proceed  to  con- 
sider and  adopt  the  report  of  the  committee  on  Legislative 
Department; 

Which  was  carried. 


416 


Sec.  40.  Until  the  first  enumeration,  and  a  new  apportionment 
shall  be  made  as  provided  and  directed  in  this  Constitution, 
the  apportionment  of  Senators  and  Representatives  among  the 
several  counties  and  districts  in  this  State  shall  be  as  follows: 

Paragraph  1,  of  section  40,  was  adopted,  and  reads  as  fol- 
lows: 

1st.  The  county  of  Warren,  five  Representatives. 
Paragraph  2,  was  adopted,  and  reads  as  follows: 
2d.  The  counties  of  Hinds  and  Lowndes,  each  four  Repre- 
sentatives. 

Paragraph  3  was  adopted  as  amended,  and  reads  as  follows: 
3d.  The  counties  of  Adams,  Carroll,  DeSoto,  Holmes,  Madi- 
son, Marshall,  Monroe,  Noxubee,  Washington,  and  Yazoo,  each 
three  Representatives. 

Paragraph  4  was  adopted,  and  reads  as  follows : 
4th.  The  counties  of  Attala,  Chickasaw,  Choctaw,  Claiborne, 
Copiah,  Jefferson,  Lafayette,  Lauderdale,  Lee,  Oktibbeha,  Pa- 
nola, Tippah,  Wilkinson,  Yalobusha,  Tishomingo,  and  Rankin, 
each  two  Representatives. 

Paragraph  5  was  adopted,  and  reads  as  follows: 
5th.  The  counties  of  Amite,  Bolivar,  Calhoun,  Clarke,  Frank- 
lin, Issaquena,  Itawamba,  Jasper,  Kemper,  Lawrence,  Leake, 
Pontotoc,  Pike,  Sunflower,  Scott,  Tallahatchie,  Winston,  Simp- 
son, Coahoma,  Tunica,  Newton,  Neshoba,  Covington,  Smith, 
Wayne,  Davis,  Greene,  Jackson,  Hancock,  Marion,  Harrison, 
and  Perry,  each  one  Representative. 

SENATE. 

Section  41 : 

Paragraph  1,  of  section  41  was  adopted,  and  reads  as  fol- 
lows: 

1st.  The  counties  of  Hancock,  Harrison,  Jackson,  Marion, 
Greene,  and  Perry,  shall  form  the  First  District,  and  elect  one 
Senator. 

Paragraph  2  was  adopted,  and  reads  as  follows : 
2d.  The  counties  of  Wilkinson  and  Amite,  the  Second  Dis- 
trict, and  one  Senator. 

Paragraph  3  was  adopted,  and  reads  as  follows : 
3d.  The  counties  of  Pike,  Lawrence,  and  Covington,  the  Third 
District,  and  one  Senator. 

Paragraph  4  was  adopted,  and  reads  as  follows : 
4th.  The  county  of  Adams,  the  Fourth  District,  and  one  Sen* 
ator. 

Paragraph  5  was  adopted,  and  reads  as  follows : 

5th.  The  counties  of  Franklin  and  Jefferson, the  Fifth  District, 
and  one  Senator, 

Paragraph  6  was  adopted,  and  reads  as  follows ; 

6th.  The  counties  of  Claiborne  and  Copiah,the  Sixth  District, 
and  one  Senator. 

Paragraph  7  was  adopted,  and  reads  as  follows : 


417 


7th.  The  counties  of  Warren  and  Issaquena,  the  Seventh  Dis- 
trict, and  two  Senators. 

Paragraph  S  was  adopted,  and  reads  as  follows: 
8th.  The  counties  of  Hinds,  Rankin  and  Simpson,  the  Eighth 
District,  and  two  Senators. 

Paragraph  9  was  adopted,  and  reads  as  follows: 
9th.  The  counties  of  Davis,  Jasper,  Clarke,  and  "Wayne,  the 
Ninth  District,  and  one  Senator. 

Paragraph  10  was  adopted,  and  reads  as  follows: 
10th.    The  counties  of  Lauderdale  and  Kemper,  the  Tenth 
District,  and  one  Senator. 

Paragraph  11  was  adopted,  and  reads  as  follows: 
11th.  The  counties  of  Newton,  Smith,  and  Scott,  the  Eleventh 
District,  and  one  Senator. 

Paragraph  12  was  adopted,  and  reads  as  follows: 
12th.  The  county  of  Madison,  the  Twelfth  District,  and  one 
Senator. 

Paragraph  13  was  adopted,  and  reads  as  follows: 
13th.  The  county  of  Yazoo,  the  Thirteenth  District,  and 
one  Senator. 

Paragraph  14  was  adopted,  and  reads  as  follows: 
14th.  The  counties  of  Washington  and  Sunflower,  the  Four- 
teenth District,  and  one  Senator. 
Paragraph  15 :  * 

Mr.  Stiles  moved  that  the  report  be  referred  back  to  the  com- 
mittee, with  instructions  to  bring  in  a  report  based  upon  the 
census  of  May,  I860; 

Which  was  lost. 

And  paragraph  15  was  adopted,  and  reads  as  follows: 
15th.  The  county  of  Holmes,  the  Fifteenth  District,  and  one 
Senator. 

Paragraph  16  was  adopted,  and  reads  as  follows: 
16th.  The  counties  of  Attala,  Leake,  and  Neshoba,  the  Six- 
teenth District,  and  one  Senator. 

Paragraph  IT  was  adopted,  and  reads  as  follows: 
17th.  The  county  of  Noxubee,  the  Seventeenth  District,  and 
one  Senator. 
Paragraph  IS: 

Mr.  Weir  moved  to  amend  as  follows:  Strike  out  the  word 
^counties,*'  and  insert  the  word  "county;"  strike  out,  in  the 
second  line,  the  words  "and  Oktibbeha;"  strike  out  in  the  third 
line,  the  words  1; two  Senators,"  and  insert  the  words  "one 
Senator,*'  and  insert  an  additional  section,  19,  "the  county  of 
Oktibbeha,  the  Nineteenth  District,  and  one  Senator;" 

Which  was  lost. 

Paragraph  18  was  adopted,  and  reads  as  follows: 

18th.  The    counties    of   Lowndes   and    Oktibbeha,  the 

Eighteenth  District,  and  two  Senators. 

Paragraph  19  was  adopted,  and  reads  as  follows : 

19th.  The  counties  of  Choctaw  and  Winston,  the  Nineteenth 

District,  and  one  Senator. 

Paragraph  20  was  adopted,  and  reads  as  follows : 
C— 27 


418 


20th.  The  county  of  Carroll,  the  Twentieth  District,  and  one 
Senator. 

Paragraph  21  was  adopted,  and  reads  as  follows : 
21st.  The  counties  of  Calhoun  and  Yalobusha,  the  Twenty- 
first  District,  and  one  Senator. 
Paragraph  22: 

Mr.  Herbert  .moved  to  amend  as  follows:    By  striking  out 
the  word  "  Chickasaw,"  and  by  changing  the  word  "counties" 
and  inserting  the  word  "  county,"  so  that  the  paragraph  shall 
read,  "The  county  of  Monroe  shall  constitute  the  Twenty- 
second  District,  and  one  Senator;" 
Which  was  laid  on  the  table 
Paragraph  22  was  adopted,  and  reads  as  follows : 
22d.  The  counties  of  Chickasaw  and  Monroe,  the  Twenty- 
second  District,  and  two  Senators. 

Paragraph  23  was  adopted,  and  reads  as  follows : 
23d.  The  counties  of  Bolivar,  Coahoma,  and  Tunica,  the 
Twenty-third  District,  and  one  Senator. 

Paragraph  24  was  adopted,  and  reads  as  follows : 
24th.  The  counties  of  Panola  and  Tallahatchie,  the  Twenty- 
fourth  District,  and  one  Senator. 

Paragraph  25  was  adopted,  and  reads  as  follows: 
25th.  The  county  of  DeSoto,  the  Twenty-fifth  District,  and 
one  Senator. 

Paragraph  26  was  adopted,  and  reads  as  follows : 
26th.  The  county  of  Marshall,  the  Twenty-sixth  District, 
and  one  Senator. 

Paragraph  27  was  adopted,  and  reads  as  follows: 
27th.  The  counties  of  Lafayette  and  Pontotoc,  the  Twenty- 
seventh  District,  and  one  Senator. 

Mr.  Compton  moved  that  the  Convention  adjourn  until  3 
o'clock  p.  m.  ; 

Which  was  carried. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Beam, 
Bonney,  Bridges,  Brinson,  Caldwell,Castello,Chapman,  Chappell, 
Combash,  Compton,  Dalton,  Drane,  Elliott  John,  Field,  Fitz- 
hugh,  Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hauser,  Holland, 
Hutto,  Jacobs,  Jamison,  Johnson  S.,  Kerr,  Lack,  Lawson,  Leas, 
Leonard,  Mayson,  Mask,  Musgrove,  Moore,  Morgan,  Myers, 
Mygatt,  McCutchen,  McKee,  McKnight,  Newsom,  Orr,  Ozanne, 
Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips, 
Powell,  Quinn,  Railsback,  Richardson,  Stewart,  Stites,  Stovall, 
Stringer,  Townsend,  Toy,  Walker,  Warren,  Weir,  Williams,  and 
Yeoman — 71. 

The  following  delegates  were  absent: 

Messrs,  Clarke,  Collins,  Conley,  Cunningham,  Dowd,  Elliott 


419 


James,  Hemming  way,  Herbert,  Howe,  Johnson  A.,  Jones, 
Longmire,  Montgomery,  Miles,  Neilson,  Nelms,  Nesbitt,  Rainey, 
Smith,  Stiles,  Vaughan,  Watson — 22. 

The  Convention  resumed  the  consideration  of  paragraph  28. 

Mr.  Bridges  offered  the  following  amendment:  Strike  out 
the  word  "Lee"  and  insert  the  word  "Tishomingo." 

Mr.  John  Elliott  remarked  that  he  preferred  the  section  as 
reported  from  the  Committee;  that  Lee  was  formerly  a  part  of 
Itawamba  county,  and  that  he  felt  it  his  duty  to  oppose  the 
amendment. 

And  the  amendment  was  adopted. 

Paragraph  28  was  adopted  as  amended,  and  reads  as  follows : 

28th.  The  counties  of  Tishomingo  and  Itawamba,  the  Twenty- 
eight  District,  and  one  Senator. 

Mr.  Bridges  moved  to  amend  paragraph  29  by  striking  out 
the  word  "  Tishomingo,"  and  inserting  the  word  "  Lee;" 

Which  was  rdopted. 

Paragraph  29  was  adopted  as  amended,  and  reads  as  follows: 

29th.  The  counties  of  Tippah  and  Lee,  the  Twenty-ninth  Dis- 
trict, and  one  Senator. 

Mr.  On*  offered  the  following,  from  the  minority  report,  as 
additional  sections,  and  recommend  their  adoption. 

Mr.  Clarke  moved  to  indefinitely  postpone  the  2d  section; 

Which  was  carried. 

Mr.  Orr  moved  to  infinitely  postpone  the  3d  section; 
Which  was  carried. 

Sec.  44.  No  Senator  or  Representative  during  the  term  for 
which  he  was  elected,  shail  be  appointed  to  any  civil  office  of 
profit  under  this  State,  which  shall  have  been  created,  or  the 
emoluments  of  wdiich  have  been  increased  during  the  time 
such  Senator  or  Representative  was  in  office,  except  to  such 
offices  as  may  be  filled  by  an  election  of  the  people. 

Mr.  Morgan  moved  to  strike  out  the  word  civil"  in  the  fifth 
line; 

Which  was  carried. 

And  section  44  was  adopted,  as  amended,  and  reads  as  fol- 
lows: 

Sec.  44.  No  Senator  or  Representative  during  the  term  for 
which  he  was  elected,  shall  be  appointed  to  any  office  of  profit 
under  this  State,  which  shall  have  been  created,  or  the  emolu- 
ments of  which  have  been  increased  during  the  time  such 
Senator  or  Representative  was  in  office,  except  to  such  offices 
as  may  be  filled  by  an  election  of  the  people. 

Sec.  6.  In  the  year  in  which  a  regular  election  for  a  Senator 
of  the  United  States  is  to  take  place,  the  members  of  the 
Legislature  shall  meet  in  the  hall  of  the  House  of  Representa- 
tives on  the  second  Monday  following  the  meeting  of  the 
Legislature,  and  proceed  to  said  election  by  joint  ballot  of  both 
houses. 

Mr.  Herbert  moved  to  amend  by  striking  out  the  "seventh  and 
eighth  lines,"  and  inserting  the  words  "  on  such  day  as  may  be 
fixed  upon. 


420 


Mr.  Orr  moved  to  table  the  amendment;  which  was  carried, 
Mr.  Morgan  moved  to  amend  as  follows: 
By  striking  out  "  seventh  and  eighth  lines,  "  and  inserting 
in  fifth  line,  after  the  word  shall  "before  adjournments^ 

die." 

The  following  amendment  to  the  amendment  was  offered  by 
Mr.  Leas : 

By  striking  out  after  the  word  "  Representative"  in  sixth 
line,  up  to  the  word  "Legislature"  in  the  eighth  line,  and  insert 
the  words  "  as  per  agreement  within  twenty  days  from  the 
meeting  of  said." 

The  amendment,  and  amendment  to  amendment,  were  laid  on 
the  table. 

Mr.  Gaither  offered  the  following  amendment,  which  was 
accepted  by  Mr.  Orr: 

Provided,  That. if  on  that  day,  there  shall  be  no  quorum 
present,  that  the  Legislature  shall  adjourn  from  day  to  day, 
until  there  shall  be  a  quorum,  and  proceed  to  the  election. 

Previous  question  moved  and  sustained,  and  the  section  was 
adopted,  and  reads  as  above. 

Section  38  was  taken  up  for  consideration. 
.   Mr.  Orr  moved  to  strike  out  from  and  including  the  word 
"provided,"  in  tenth  line,  to  "representation,"  in  seventeenth 
line; 

Which  was  carried. 

And  the  section  as  amended,  was  adopted. 
And  section  38  was  adopted  as  a  whole. 
Mr.  Herbert  moved  that  section  40  be  adopted ; 
Which  was  carried. 

And  section  40  was  adopted  as  a  whole. 

Mr.  Parsons  of  Adams,  moved  that  100  copies  of  the  report 
of  the  committee  on  Legislative  Department,  as  it  passed  the 
second  reading,  be  printed; 

Which  was  carried. 

The  supplemental  report  of  the  Judiciary  Committee,  sub 
nutted  by  Messrs.  Peyton  and  Alderson,  was  taken  up  for  con 
si  deration. 

Convention  f  djourned  until  to-morrow  morning,  at  9  o'clock, 

T.  P.  Sears, 

Secretary. 


SIXTY-EIGHTH  DAY, 

Jackson,  Miss.,  Wednesday,  March  25th,  1868, 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 


421 


Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Clarke,  Combash,  Drane,  Elliott  John,  Elliott  James,  Field, 
Fitzhugh,  Gaither,  Gibbs,  Gray,  Handy,  Hauser,  Herbert,  Hol- 
land, Howe,  Hntto,  Jacobs,  Johnson  S.,  Johnson  A.,  Kerr, 
Lack,  Lawson,  Leas,  Leonard,  May  son,  Mask,  Mnsgrove, 
Moore,  Myers,  McCutchen,  McKee,  McKnight,  Nelms,  New- 
som,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A., 
Pe}^ton  E.  G.,  Phillips,  Powell,  Quinn,  Railsback,  Richardson, 
Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Townsend,  Toy, 
Vanghan,  Walker,  Warren,  Williams,  Woodmansee,  and  Yeo- 
man— 71. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Compton,  Conley,  Cunningham,  Dalton, 
Dowd,  Fawn,  Goss,  Hemmingway,  Longmire,  Montgomery, 
Miles,  Morgan,  Mygatt,  Neilson,  Nesbitt,  Rainey,  Smith,  Wat- 
son, and  Weir — 20. 

Journal  of  yesterday  read  and  approved. 

Leave  of  absence  was  granted  to  Mr.  Townsend  for  10  days. 

The  committee  on  Contingent  Expenses  reported  the  follow- 
ing: 

Mr.  President:  The  committee  on  Contingent  Expenses,  to 
whom  was  referred  the  annexed  account,  after  due  examination, 
found  the  same  correct,  and  recommend  that  it  be  allowed. 

Respectfully, 

U.  GZANNE, 

Chairman. 
W.  H.  Gibbs, 
J.  Railsback, 
Jno.  C.  Brinson, 

Committee. 

The  State  of  Mississippi, 

To  X.  G.  Gill,  Dr. 

To  postage  on  newspapers  subscribed  for  by  members  of  the 
Constitutional  Convention,  under  the  resolution  allowing  each 
member  five  papers,  daily  $30  50 

Report  received. 

The  rules  were  suspended  to  take  action; 

And  the  account  was  allowed  and  ordered  to  be  paid. 

Mr.  Ozanne  offered  the  following: 

Whereas,  There  was  an  ordinance  passed  on  the  23d  of 
January,  by  this  Convention,  for  the  purpose  of  regulating  the 
taxes  in  the  several  counties  of  the  State;  and 

Whereas,  The  Sheriffs  are  disregarding  said  ordinance,  under 
the  plea  that  they  never  have  been  duly  notified,  and  are  col- 
lecting  full  assessment;  and 

Whereas,  The  tax  payers  claim  that  the  Convention  has  the 
same  power  to  reduce,  as  to  levy  taxes,  and  said  ordinance  is 
a  cause  of  conflict  between  collectors  and  tax  payers;  therefore, 

Be  it  resolved,  That  it  is  the  sense  of  this  Convention  that 
said  ordinance  should  be  enforced,  and  the  Sheriffs  and  Tax 


422 


Collectors  of  each  county  be  duly  notified,  and  copies  of  said 
ordinance  be  furnished  to  each  of  them. 

Be  it  further  resolved,  That  a  copy  of  this  resolution,  and  of 
that  ordinance  referred  to,  signed  by  the  President,  and  coun- 
tersigned by  the  Secretary,  be  immediately  transmitted  to  the 
General  Commanding,  for  his  approval. 

Amend  by  inserting  after  the  words,  "to  each  of  them,"  the 
words,  "  and  that  they  be  instructed  to  refund  any  money  col- 
lected in  violation  of  said  ordinance." 

Mr.  Parsons,  of  Adams,  moved  to  refer  to  the  committee  on 
Finance. 

A  motion  to  lay  on  the  table  was  lost. 

And  the  motion  of  Mr.  Parsons  was  carried. 

Mr.  Myers  offered  the  following : 

Whereas,  There  is  a  Reporter  employed  by  this  Convention 
at  a  high  price,  for  the  purpose  of  reporting  the  debates  and 
other  proceedings  of  the  Convention;  and 

Whereas,  The  said  Reporter  has  failed  to  comply  with  said 
engagement;  therefore,  be  it 

Resolved,  That  said  Reporter  be  paid  up  for  past  services, 
indifferently  performed,  and  that  he  be  relieved  from  further 
attendance  on  this  Convention. 

Mr.  Gibbs  moved  to  amend  by  striking  out  the  word  "Re- 
porter," where  it  occurs,  and  insert  the  words,  "  Official 
Printer." 

Mr.  Herbert  moved  to  refer  the  resolution  and  amendment 
to  a  special  committee  of  three  to  investigate  and  report. 

Mr.  Compton  moved  to  indefinitely  postpone. 

Mr.  Hauser  moved  to  lay  on  the  table; 

Which  was  carried,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Barry,  Bonney,  Bridges,  Brinson, 
Caldwell,  Castello,  Chapman,  Clarke,  Fitzhugh,  Gibbs,  Handy, 
Hauser,  Herbert,  Holland,  Jacobs,  Johnson  A.,  Lawson,  Leon- 
ard, Musgrove,  Moore,  Morgan,  Myers,  McKee,  Newsom, 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Pe}^ton  E.  G., 
Stewart,  Stites,  Stringer,  To}^,  Weir,  Williams,  Woodmansee, 
and  Yeoman— 38. 

Nays — Messrs.  Alcorn,  Ballard,  Beam,  Chappell,  Compton, 
Elliott  John,  Elliott  James,  Field,  Gaither,  Goss,  Gray,  Howe, 
Hutto,  Jamison,  Johnson  S.,  Kerr,  Lack,  Leas,  Mayson,  Mask, 
Mygatt,  McCutchen,  McKnight,  Nelms,  Nesbitt,  Orr,  Phillips, 
Quinn,  Railsback,  Richardson,  Stovall,  Stiles,  Townsend,  and 
Warren — 34. 

Mr.  Morgan  moved  to  amend,  that  the  committee  should 
consider  the  debates  as  published  in  the  Official  Journal  of  the 
23d,  24th,  and  25th  instants. 

Previous  question  called,  call  sustained;  and  the  amendment 
of  Mr.  Morgan  was  adopted. 

And  the  motion  of  Mr.  Herbert  was  adopted  as  amended. 

Mr.  Compton  moved  to  suspend  the  rules,  and  that  when 
the  Convention  adjourn  it  be  until  the  usual  hour  to-morrow; 

Which  was  carried. 


423 


The  supplementary  report  of  the  committee  on  Judiciary, 
submitted  by  Messrs.  Alderson  and  Peyton,  was  taken  up  on 
its  second  reading. 

And  Mr.  Parsons,  of  Adams,  moved  to  amend  by  substitut- 
ing section  1,  of  Report  No.  39. 

Mr.  Railsback  moved  to  substitute  section  16  of  Report  No.  31. 

Mr.  Parsons,  of  Adams,  moved  to  lay  the  motion  on  the 
table ; 

Which  was  lost. 

Pending  further  consideration,  the  Convention  adjourned 
until  to-morrow  morning  at  9  o'clock. 

T.  P.  Sears, 
Secretary, 


SIXTY-NINTH  DAY. 

Jackson,  Miss,,  Thursday,  March  26th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs,  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castelio,  Chapman. 
Chapped,  Clarke,  Combash,  Compton,  Cunningham,  Drane, 
Elliott  John,  Elliott  James,  Field,  Gaither,  Gibbs,  Goss,  Gray. 
Handy,  Hauser,  Herbert,  Holland,  Howe,  Hut-to,  Jacobs,  Jami- 
son, Johnson  S.,  Johnson  A.,  Kerr,  Lack,  Lawson,  Leas,  Leon- 
ard, Mayson,  Mask,  Mnsgrove,  Montgomery,  Moore,  Morgan, 
Myers,  Mygatt,  McCutchen,  McKee,  McKnight,  Nelms,  Nesbitt. 
Newsom,  Orr,  Gzanne,  Parsons  F«,  Parsons  J.  R.,  Peyton  E.  A., 
Peyton  E.  G.,  Phillips,  Powell,  Quinn,  Railsback,  Richardson, 
Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy,  Yaughan,  Walker, 
Williams,  Woodmansee,  and  Y'eoman — 76. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Conley,  Dalton,  Dowd,  Fawn,  Hemmingway. 
Jones,  Longmire,  Miles,  Neilson,  Rainey,  Smith,  Townsend, 
Walker,  Watson,  Warren,  and  Weir — 17. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  \<ere  granted  to  the  following  delegates, 
for  the  period  affixed  to  their  names : 

To  Mr.  Conley  for  five  days ;  to  Mr.  Warren  for  five  days ; 
to  Mr.  Hemmingway  for  one  day. 

The  Committee  on  Ordinance  and  Schedule  made  the  follow- 
ing  report: 

To  the  President  of  the  Constitutional  Convention  : 
Your  Committee  on  Ordinance  and  Schedule  respectfully  pre- 


424 


sent  the  report,  which  they  ask  may  be  received  and  adopted 

Very  Respectfully, 

H.  Musgrove,  Chairman. 
E.  H.  Stiles, 
A.  J.  Jamison, 
C.  Caldwell, 
W.  T.  Comb  ash, 

Committee. 

MODE  OF  REVISING  THE  CONSTITUTION. 

Whenever  two-thirds  of  each  branch  of  the  Legislature  shall 
deem  any  change,  alteration  or  amendment  necessary  to  this 
Constitution,  such  proposed  change,  alteration  or  amendment 
shall  be  read  and  passed  by  a  majority  of  two-thirds  of  each  house, 
respectively,  on  each  day,  for  three  several  days;  public  notice 
shall  then  be  given  by  the  Secretary  of  State,  at  least  three 
months  preceding  the  next  general  election,  at  v.  hich  the  qual- 
ified electors  shall  vote  directly  for  or  against  such  change, 
alteration  or  amendment;  and  if  it  shall  appear  that  a  majority 
of  the  qualified  electors,  voting  for  members  of  the  Legislature, 
shall  have  voted  for  the  proposed  change,  alteration,  or  amend- 
ment, then  it  shall  be  inserted  by  the  next  succeeding  Legisla- 
ture as  a  part  of  this  Constitution,  and  not  otherwise. 

SCHEDULE.— Article  — . 

Section  1.  The  Ordinance  of  Secession  of  the  State  of  Mis- 
sissippi, passed  January  9th,  1881,  is  hereby  declared  to  be  null 
and  void.  The  so-called  Constitution,  adopted  in  1865,  and  all 
previous  Constitutions  framed  in  and  for  the  State  of  Missis- 
sippi, are  hereby  declared  to  be  repealed  and  annulled  by  this 
Constitution. 

Sec.  2.  All  laws  now  in  force  in  this  State,  not  repugnant  to 
this  Constitution,  shall  continue  in  operation  until  they  shall 
expire  by  their  own  limitation,  or  be  altered  or  repealed  by  the 
Legislature,  except  the  hereinafter  mentioned  laws,  to-witi 
"  An  Act  to  change  the  name  of  the  county  of  Jones,  and  for 
other  purposes,"  approved  December  1,  1865.  "An  Act  to 
establish  a  ferry  across  the  Mississippi  at  Vicksburg,"  ap- 
proved November  29,  1865. 

Sec.  3.  The  laws  relative  to  the  duties  of  State  officers,  shall 
remain  in  force,  though  contrary  to  this  Constitution;  and  the 
several  duties  shall  be  performed  by  the  respective  officers  until 
the  organization  of  the  government  under  this  Constitution. 

Sec.  4.  The  Legislature  shall  provide  for  the  removal  of 
causes  now  pending  in  the  courts  of  this  State,  to  courts  cre- 
ated by  or  under  this  Constitution. 

ORDINANCE. 

Sec,  5,  Immediately  upon  the  adjournment  of  this.  Conven- 


425 


tion,  this  Constitution  shall  be  submitted  for  ratification  to  the 
registered  voters  of  the  State,  in  conformity  with  the  Act  of 
Congress,  passed  March  2,  1867,  entitled  "An  Act  to  provide 
for  the  more  efficient  government  of  the  rebel  States,"  and  the 
Acts  supplementary  thereto. 

Sec.  6.  The  election  for  the  ratification  of  this  Constitution, 

shall  be  held  on  the  days  of  ,  1868,  at  the 

places  now  prescribed  by  law,  and  the  polls  shall  be  kept  open 
from  seven  o'clock,  a.  m.,  until  seven  o'clock  p.  m.  At  said 
election  all  those  in  favor  of  ratifying  the  Constitution  shall 
have  written  or  printed  on  their  ballots,  the  words,  w'  For  the 
Constitution,"  and  those  opposed  to  ratifying  the  Constitution 
shall  have  written  or  printed  on  their  ballots  the  words: 
'Against  the  Constitution ;"  but  no  person  shall  vote  for  or 
against  this  Constitution  on  a  separate  ballot  from  that  cast  by 
him  for  officers  to  be  elected  at  said  election  under  this  Consti- 
tution. 

Sec.  7.  In  order  to  establish  a  civil  government  as  required 
by  the  Act  of  Congress,  passed  March  23,  1867,  an  election 
shall  be  held  at  the  same  time  and  place  at  which  the  Consti- 
tution is  submitted  for  ratification,  for  all  State  officers,  for 
members  of  the  Legislature,  and  for  Congressional  Represen- 
tatives, at  which  election  the  electors  who  are  qualified  under 
the  Reconstruction  Acts  of  Congress,  shall  vote,  and  none 
others. 

Sec.  8.  At  the  election  for  the  ratification  of  the  Constitu- 
tion, and  for  officers  of  the  civil  government,  as  required  by 
Congress,  all  registered  electors  may  vote  in  any  county  where 
the}'  have  resided  ten  days  next  preceding  said  election,  and  at 
any  precinct  in  the  county,  upon  presentation  of  their  certifi- 
cates of  registration,  affidavit,  or  any  satisfactory  evidence  that 
they  are  entitled  to  vote  as  registered  electors. 

Sec.  9.  The  same  Registrars  and  Commissioners  who  shall 
be  appointed  by  the  Commanding  General  of  the  Fourth  Mili- 
tary District  to  superintend  the  election  for  the  ratification  or 
rejection  of  the  Constitution,  shall  also,  at  the  same  time  and 
place,  superintend  the  election  for  all  officers  and  Representa- 
tives herein  ordered.  Returns  shall  be  made  in  duplicate,  sworn 
to  by  the  Registrars  and  Commissioners  holding  the  election, 
and  forwarded  within  three  days  thereafter  to  the  President  of 
this  Convention,  and  to  the  Commanding  General  of  this  Dis- 
trict, who  shall,  within  five  days  after  the  last  return  has  been 
received,  make  proclamation  of  the  result  of  said  election;  and 
it  said  Constitution  shall  have  been  adopted,  the  President  of 
this  Convention  shall  transmit  a  certified  copy  of  the  same, 
together  with  an  abstract  of  the  votes  cast,  to  the  President  of 
the  United  States,  to  be  by  him  laid  before  the  Congress  of  the 
United  States  for  their  approval  or  rejection,  and  shall  also 
declare  the  officers  elected  thereunder;  and  if  declared  ratified, 
the  Constitution  shall,  from  and  after  that  date,  be  in  full  force 
and  effect, 


426 


Sec.  10.  The  Legislature  elected  under  this  Constitution  shall 
hold  its  first  session  in  the  Capitol,  on  the  third  Monday  after 
the  official  promulgation  aforesaid,  and  shall  proceed  imme- 
diately upon  its  organization,  to  vote  upon  the  adoption  of  the 
Fourteenth  Amendment  of  the  Constitution  of  the  United 
States,  proposed  by  Congress  and  passed  June  13,  1866.  Said 
Legislature  shall  not  have  power  to  enact  any  laws  relative  to 
the  per  diem  of  members,  nor  on  any  other  subject  after  organ- 
ization, until  said  Constitutional  Amendment  shall  have  been 
acted  upon. 

Sec.  11.  All  Registrars  and  Commissioners  appointed  under 
this  Constitution,  shall,  before  entering  upon  their  respective 
duties,  take  and  subscribe  the  oath  of  office  prescribed  by  Con- 
gress, approved  July  2,  1862,  entitled  "  an  Act  to  prescribe  an 
oath  of  office." 

Report  received  and  two  hundred  copies  ordered  printed. 

Mr.  Handy  offered  the  following: 

Resolved,  That  we  frame  a  Constitution  and  be  ready  to  go 
home  by  the  first  day  of  April,  and  if  here  longer  our  per  diem 
shall  be  forfeited. 

Which  was  laid  on  the  table. 

Mr.  Orr  offered  the  following: 

Resolved,  That  the  warrants  issued  to  the  members  and  offi- 
cers of  this  Constitution  be  made  out  in  such  amounts  as  will 
suit  the  convenience  of  the  party  in  whose  favor  the  same  may 
be  drawn;  and  that  the  State  Auditor  be,  and  is  hereb}-  re- 
quired to  comply  with  the  provisions  of  this  resolution. 

Mr.  Musgrove  moved  to  amend  as  follows : 

'■'  Provided,  That  no  warrant  shall  be  issued  for  less  than  ten 

dollars." 

Mr.  Herbert  moved  to  amend  as  follows : 
"  That  no  warrant  shall  be  issued  for  a  less  amount  than  five 
dollars;" 

Which  was  laid  on  the  table. 

Mr.  Fitzhugh  moved  to  lay  the  amendment  of  Mr.  Musgrove 
on  the  table; 
Which  was  lost. 

And  the  amendment  of  Mr.  Musgrove  was  adopted. 

And  the  resolution  was  adopted  as  amended,  and  reads  as 

follows : 

Resolved,  That  the  warrants  issued  to  the  members  and  offi- 
cers of  this  Convention  be  made  out  in  such  amounts  as  will 
suit  the  convenience  of  the  party  in  whose  favor  the  same  may 
be  drawn;  Provided,  That  no  warrant  shall  be  issued  for  a  less 
amount  than  ten  dollars,  and  that  the  State  Auditor  be,  and  is 
hereby  required  to  comply  with  the  provisions  of  this  resolution. 

The  Convention  then  resumed  the  consideration  of  the 
report  of  the  committee  on  Judiciary,  which  was  pending  on 
adjournment  yesterday. 

And  the  amendment  of  Mr.  Railsback,  introduced  yesterday, 
was  adopted. 


427 


And  section  16  was  adopted,  as  amended,  and  reads  as 
•follows :  • 

Section.  16.  A  Chancery  Court  shall  be  established  with  full 
jurisdiction  in  all  matters  of  equity,  and  in  all  matters  testa- 
mentary, and  of  administration  in  orphans'  and  minors' 
business,  and  allotments  of  dower,  in  cases  of  idiocy  and 
lunacy,  and  of  persons  non  compos  mentis;  also  in  ail  cases  of 
divorce  and  alimony,  and  all  other  matters  pertaining  to  a 
court  of  chancery  jurisdiction. 

Section  17: 

Mr.  Cunningham  moved  to  strike  out  and  insert  section  17 
of  No.  31,  of  printed  report  of  Judiciary  Sub-Committee. 

Mr.  Gaither  moved  to  amend  the  amendment  as  follows: 

Add  to  the  end  of  the  section  the  words  "  and  shall  hold  not 
less  than  four  terms  each  year  in  each  county  in  his  district;"' 

Which  was  adopted. 

Mr.  Orr  moved  to  amend  as  follows: 

Strike  out  the  word  "appointed,"  in  the  fifth  line,  and  insert 
the  word  "  elected." 

A  motion  to  lay  on  the  table  was  lost; 

And  the  amendment  of  Mr.  Orr  was  carried,  by  the  follow- 
ing vote: 

Yeas — Messrs.  Bridges,  Brinson,  Caldwell,  Chapman,  Clarke, 
Combash,  Cunningham,  Drane,  Jamison,  Johnson  A.,  Kerr, 
Leas,  Mayson,  Musgrove,  Montgomeiy',  Myers,  Mygatt,  Mc- 
Cutchen,  McKee,  Ozanne,  Peyton  E.  A.,  Powell,  .Quinn,  Kails- 
back,  Stites.  Stringer,  Vaughan,  Weir,  Yeoman — 29. 

Nats — Messrs.  Alderson,  Alcorn,  Bonney,  Chappell,  Comp- 
ton,  Elliott  John,  Field,  Fitzhugh,  Gaither,  Gibbs,  Goss, 
Handy,  Herbert,  Holland,  Hutto,  Jacobs,  Johnson  S.,  Lack, 
Moore,  Orr,  Parsons  F.,  Parsons  J.  P.,  Pej'ton  E.  G.,  Richard- 
son, Stewart,  Stiles,  Woodmansee — 27. 

And  the  amendment  of  Mr.  Cunningham,  as  amended,  was 
adopted. 

Pending  further  consideration  of  the  17th  section,  Mr.  Par- 
sons, of  Adams,  moved  to  reconsider  the  16th  section. 
Mr.  Weir  moved  to  table; 
Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Bridges,  Brinson,  Caldwell,  Compton,  Cun- 
ningham, Elliott  John,  Gaither,  Gibbs,  Gray,  Jamison,  Kerr, 
Leas,  Ma3'son,  Musgrove,  Montgomery,  Myers,  Mygatt,  Mc- 
Cutchen,  Newsom,  Peyton  E.  A.,  Powell,  Quinn,  Railsback, 
Stringer,  Vaughan,  Weir — 26. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Bonney,  Chap- 
man, Clarke,  Combash,  Field,  Fitzhugh,  Goss,  Handy,  Her- 
bert, Holland,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A.,  Lack, 
Leonard,  Moore,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Pey- 
ton E.  G.,  Richardson,  Stewart,  Stites,  Stiles,  Woodmansee— 30, 

Mr.  Cunningham  moved  that  the  consideration  of  the 
motion  to  reconsider  be  indefinitely  postponed; 

Which  was  laid  on  the  table. 

Mr.  Gibbs  moved  the  previous  question; 

Which  was  sustained. 


428 


And  the  motion  of  Mr.  Parsons,  of  Adams,  to  reconsider 
section  16,  was  carried.  f 

Mr.  Parsons,  of  Adams,  moved  to  strike  out  the  "16th  section 
of  Report  No.  31,"  and  insert  "  section  1  of  Report  No.  39." 

Mr.  Gibbs  moved  to  adjourn; 

Which  was  carried. 

Pending  farther  consideration,  Convention  adjourned,  until 
3  o'clock,  p.  m. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alcorn,  Ballard,  Barry,  Beam,  Bonney, 
Bridges,  Castello,  Caldwell,  Chapman,  Chappell,  Clarke,  Com- 
bash,  Compton,  Drane,  Elliott  John,  Elliott  James,  Field,  Fitz- 
hugh,  Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hauser,  Herbert, 
Holland,  Hutto,  Jacobs,  Johnson  S.,  Kerr,  Lack,  Leas,  Leonard, 
Mask,  Musgrove,  Montgomery,  Moore,  Myers,  Mygatt,  Mc- 
Cutchen,  McKee,  McKnight,  Newsom,  Orr,  Ozanne,  Parsons  F., 
Parsons  J.  R.,  Peyton  E.  G.,  Phillips,  Powell,  Quinn,  Richard- 
son, Stewart,  Stiles,  Stovali,  Stringer,  Stites,  Walker,  Weir,  Wil- 
liams, Woodmansee,  and  Morgan — 63. 

The  following  named  delegates  were  absent: 

Messrs.  Alderson,  Brinson,  Collins,  Conley,  Cunningham, 
Dalton,  Dowd,  Fawn,  Hemmingway,  Howe,  Jamison,  Johnson 
A.,  Jones,  Lawson,  Longmire,  Mayson,  Miles,  Neilson,  Nelms, 
Nesbitt,  Peyton  E.  A.,  Railsback,  Rainey,  Smith,  Townsend, 
Toy,  Vaughan,  Watson,  Warren,  and  Yeoman — 30. 

Sundry  members  refusing  to  obey  the  summons  of  the  Con- 
vention to  attend  upon  its  session,  were  brought  before  the 
bar  of  the  Convention,  but  upon  explanation,  were  excused. 

Mr.  Parsons,  of  Adams,  moved  to  suspend  the  rules  to  enable 
him  to  introduce  a  resolution ; 

Which  was  carried. 

Mr.  Parsons,  of  Adams,  introduced  the  following: 

Whereas,  It  has  come  to  the  knowledge  of  this  Convention, 
that  the  Sheriffs  of  several  counties,  have  issued  their  notices 
to  the  people,  directing  them  to  pay  the  taxes  levied  by  this 
Convention,  and  have  exempted  much  property  in  said  notices 
from  taxation  contrary  to  the  intent  and  provisions  of  said 
ordinance;  therefore,  be  it 

Besolved,  That  the  Auditor  of  State  be,  and  is  hereby  direc- 
ted to  instruct  the  Sheriffs  and  Tax  Collectors  of  the  several 
counties,  as  follows: 

1st.  That  under  and  by  virtue  of  section  1  of  said  tax  ordi- 
nance all  personal  property  specifically  taxed  according  to  its 
valuation,  under  the  State  laws,  pays  an  additional  tax  of  fifty 
per  cent,  upon  the  State  tax. 

2d.  That  under  section  2  of  said  tax  ordinance,  all  personal 
property  of  every  kind  and  nature,  not  taxed  under  and  by  vir- 


429 


tue  of  any  laws  of  the  State  according  to  its  valuation,  pays  a 
tax  of  one-half  of  one  per  cent,  of  its  value. 

3d.  That  no  personal  property  whatever,  is  exempt  from  tax- 
ation under  said  ordinance;  he  it  further 

JResolced,  That  the  Secretary  furnish  the  State  Auditor  with 
a  copy  of  this  resolution. 

Which  was  adopted. 

The  amendment  of  Mr.  Parsons,  of  Adams,  to  section  16, 
presented  this  morning,  was  declared  out  of  order. 

Mr.  Gribbs  moved  to  postpone  the  further  consideration  of 
No.  38,  the  supplemental  report  of  the  Judiciary  Committee, 
and  take  up  Report  No.  31,  for  its  first  reading. 

Mr.  Parsons,  of  Adams,  moved  to  lay  on  the  table; 

Which  was  carried. 

The  question  recurring  on  the  amendment  of  Mr.  Rails- 
back, 

Mr.  Parsons,  of  Adams,  moved  to  amend  by  inserting  section 
1  of  Report  JNo.  39,  instead. 
A  motion  to  adjourn  was  lost. 
Mr.  E.  A.  Peyton  moved  the  previous  question: 
Which  was  not  sustained. 

The  President  announced  the  following  committee  to  report 
on  the  resolution  in  reference  to  the  Reporter  and  Printer: 
Messrs.  Herbert.  Hauser,  and  Gribbs. 

Convention  adjourned  until  to-morrow  morning,  at  9  o'clock. 

T.  P.  Sears, 

Secretary, 


SEVENTIETH  DAY. 

Jackson,  Miss.,  Friday,  March  27th,  1868, 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Compton,  Conley,  Cunningham, 
Drane.  Dowd,  Elliott,  Jno.,  Elliott  James,  Field,  Fitzhugh, 
Gaither,  G-ibbs,  Gray,  Goss,  Handy,  Hauser,  Hemmingway; 
Herbert.  Holland,  Howe,  Hutto,  Jacobs,  Jamison.  Johnson  S.3 
Johnson  A.,  Kerr.  Lack,  Lawson.  Leas,  Leonard.  Mask,  Mus- 
grove,  Montgomery,  Moore,  Morgan,  Myers,  Mygatt,  McCutch- 
en,  McKee5  McKnight,  Nelms,  Newsorn,  Orr,  Ozanne,  Parsons 
F.,  Parsons' J.  R,,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Pow- 
ell, Quinn,  Railsback,  Stewart,  Stites,  Stovail,  Stringer,  Stiles, 
Toy.  Weir,  Williams,  Yeoman— 75. 
The  following  delegates  were  absent  \ 


430 


Messrs.  Collins,  Dalton,  Fawn,  Jones,  Longmire,  Mayson, 
Miles,  Neilson,  Nesbitt,  Rainey,  Smith,  Townsend,  Vaughan, 
Walker,  Watson,  Warren,  Woodmansee — 17. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  named  dele- 
gates for  the  period  affixed  to  their  natr.es: 

To  Mr.  Woodmansee,  for  three  days;  to  Mr.  F.  Parsons,  for 
ten  days;  to  Mr.  Rainey,  from  day  to  day;  to  Mr.  Mayson,  one 
day;  to  the  Sergeant-at-Arms,  one  day. 

Mr.  Barry,  chairman  of  the  committee  on  Legislative  De- 
partment, submitted  the  following  report: 

Mr.  President:  Your  committee  on  Legislative  Department 
would  respectfully  refer  back  the  resolution  introduced  by  Mr. 
Stringer,  of  Warren,  as  it  relates  to  a  subject  foreign  to  their 
duties. 

H.  W.  Barry, 

Chairman. 

The  resolution  referred  to  is  in  reference  to  those  persons 
who  have  heretofore  lived  and  cohabited  together  as  man  and 
wife,  recognizing  as  legitimate  their  issue,  etc. 

Mr.  Morgan  moved  to  suspend  the  rules,  and  that  the  report 
be  referred  to  a  special  committee  of  three. 

Mr.  Compton  moved  to  indefinitely  postpone. 

Mr.  'Fitzhugh  moved  to  table; 

Which  was  carried. 

And  the  resolution  of  Mr.  Morgan  was  adopted. 

Mr.  McKee  moved  to  reconsider  the  action  on  the  resolution 
presented  by  Mr.  F.  Parsons,  yesterday,  relating  to  the  tax 
ordinance; 

Which  was  carried. 

Mr.  Parsons,  of  Adams,  moved  to  strike  the  resolution  from 
the  Journal,  and  all  action  relating  thereto. 

Mr.  Herbert  moved  to  amend,  and  refer  to  a  special  commit- 
tee of  three. 

Mr.  Parsons,  of  Adams,  moved  to  lay  Mr.  Herbert's  amend- 
ment on  the  table; 
Which  was  lost. 

Mr.  Newsom  called  the  previous  question,  call  sustained; 
and  the  motion  of  Mr.  Herbert  was  adopted. 

Mr.  Cunningham  moved  to  suspend  the  rules  to  permit  the 
introduction  of  an  ordinance; 

Which  was  carried. 

Mr.  Gaither  ottered  the  following: 

AN  ORDINANCE  SUPPLEMENTAL  TO,  AND  EXPLANATORY  OF,  AN  ORDI- 
NANCE PASSED  BY  THIS  CONVENTION  ON  THE  2?TH  FEBRUARY, 
1868,  TO  PROVIDE  FOR  THE  LEVY  AND  COLLECTION  OF  A  SPECIAL 
TAX  TO  PAY  THE  EXPENSES  OF  THIS  CONVENTION. 

Be  it  ordained,  That  section  2  of  said  ordinance,  nor  any 
other  portion  thereof,  shall  be  so  construed  as  to  authorize  the 


431 


levy  of  a  tax  upon  any  property  not  taxable  by  the  revenue 
laws  of  this  State. 

The  ordinance  was  referred  to  a  select  committee  on  the 
subject. 

Mr.  McKee,  of  Warren,  introduced  the  following : 
JResolved,  That  the  committee  on  Printing  be  instructed  to 
report  the  cost  of  printing  the  debates  of  this  Convention. 
Mr.  Cunningham  moved  to  lay  on  the  table; 
Which  was  lost. 

And  the  resolution  of  Mr.  McKee  was  adopted. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  committee  on  Judiciary,  being  the  amendment  to  the 
amendment  offered  by  Mr.  F.  Par  ons  yesterday. 

The  previous  question  being  called,  it  was  not  sustained. 

LYo  quorum  voting. 

And  the  section  lies  over. 

Mr.  Weir  moved  that  the  doors  be  closed,  and  that  members 
remain  in  their  seats,  and  the  Sergeant-at-Arms  be  sent  for 
absentees; 

Which  was  lost. 

Mr.  Orr  moved  that  the  Convention  proceed  to  consider  tl  ■ 
report  on  Franchise; 
Which  was  carried. 

Mr.  Clarke  moved  to  suspend  the  rules  and  take  up  the  report 
of  the  committee  on  Judiciary; 
Which  was  carried. 

Mr.  Clarke  moved  to  postpone  indefinitely,  the  amendment 
to  the  amendment  offered  by  Mr.  Parsons,  of  Adams,  yesterday. 
Mr.  Herbert  moved  to  table  the  motion; 
Which  was  lost, 
Xo  quorum  voting. 

And  the  motion  of  Mr.  Clarke  was  lost,  by  the  following 
vote : 

Yeas — Messrs.  Alcorn.  Ballard.  Clarke.  Cunningham,  Dowd. 
Gaither.  Gray.  Holland,  Jamison,  Mask.  Musgrove,  Montgom- 
ery. Mygatt,  McCutchen,  McKnight,  Powell,  Quinn,  Railsbaek. 
Stovall,  Stringer,  and  Weir — 21. 

Nats — Messrs.  Alderson,  Barry,  Beam,  Bonney,  Bridges. 
Brinson,  Caldwell,  Chappell,  Combash,  Drane,  Elliott  James. 
Goss,  Handy,  Hauser,  Herbert,  Hutto,  Jacobs,  Johnson  S.. 
Johnson  A.,  Kerr,  Lack,  Lawson,  Leas,  Leonard,  Moore,  Mor- 
gan, Myers,  McKee,  Nelms.  Newsom,  Orr.  Ozanne,  Parsons  F.. 
Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Richardson,  Stew 
art,  Stiles.  Toy,  and  Yeoman — 41. 

Mr.  Gibbs  moved  the  previous  question; 

Which  was  sustained. 

And  the  amendment  to  the  amendment  offered  b}T  Mr.  Par- 
sons, was  adopted,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Bany,  Ream,  Bonney.  Bridges. 
Brinson,  Caldwell,  Castello,  Clarke,  Conley,  Drane,  Elliott  John. . 
Field,  Goss,  Gray.  Handy,  Hauser,  Hemmingway,  Herbert. 
Holland,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A.,  Kerr,  Lack. 


432 


Lawson,  Leonard,  Montgomery,  Moore,  Morgan,  Myers,  Nelms, 
Newsom,  Orr,  Ozanne,  Parsons,  J.  R.,  Parsons  F.,  Peyton  E.  A., 
Peyton  E.  G.,  Richardson,  Stovall,  Stiles,  Toy,  Williams — 45. 

Nays — Messrs.  Alcorn,  Ballard,  Combash,  Cunningham, 
Dowd,  Elliott  James,  Gaither,  Gibbs,  Howe,  Leas,  May  son, 
Mask,  Mnsgrove,  Mygatt,  McCntchen,  McKee,  McKnight,  Pow- 
ell, Railsback,  Stewart,  Stringer,  and  Weir — 22. 

And  the  amendment  as  amended,  was  adopted. 

And  section  16  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Sec.  16.  Chancery  Courts  shall  be  established  in  each  county 
in  this  State,  with  full  jurisdiction  in  all  matters  of  equity  and 
of  divorce  and  alimoiw;  the  Circuit  Court  Judge  shall  be  the 
Chancellor  of  these  Courts  in  his  district,  and  the  said  Chan- 
cery Courts  shall  be  held  at  the  same  time  and  place  that  the 
Circuit  Courts  are  held. 

Mr.  Orr  moved  to  reconsider  the  vote  adopting  the  section; 

Which  was  laid  on  the  table. 

Mr.  Newsom  moved  to  suspend  the  rules,  to  enable  him  to 
introduce  a  resolution; 

Which  was  laid  on  the  table. 
Mr.  Newsom  moved  to  adjourn; 
Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Barry,  Bridges,  Chapman,  Combash, 
Compton,  Conle}T,  Cunningham,  Drane,  Gibbs,  Hauser,  Hem- 
mingway,  Herbert,  Lawson,  Mask,  Montgomery,  Moore,  Morgan, 
Myers,  McKnight,  Nelms,  Newsom,  Orr,  Richardson,  Stewart, 
Stringer,  Stiles,  Toy,  Vaughan,  Walker,  Weir,  Williams,  and 
Yeoman — 33. 

Nays — Messrs.  Alderson,  Ballard,  Beam,  Bonney,  Caldwell, 
Castello,  C  happell,  Clarke,  Dowel,  Elliott  J  no.,  Elliott  Jas„  Field, 
Gaither,  Goss,  Gray,  Handy,  Holland,  Howe,  Hutto,  Jacobs, 
Johnson  S.,  Johnson  A.,  Kerr,  Lack,  Leas,  Leonard,  Mayson, 
Musgrove,  Mygatt,  McCutchen,  McKee,  Ozanne,  Parsons  F., 
Parsons  J.  R,,  Peyton  E.  A.,  Peyton  E.  G,  Phillips,  Powell, 
Railsback,  and  Stovall — 40. 

Mr.  Chappell  moved  that  the  rules  be  suspended,  to  permit 
him  to  introduce  a  resolution. 

A  motion  to  table  was  lost. 

Convention  adjourned  until  3  o'clock  p.  M. 

AFTERNOON  SESSION, 

Convention  met  pursuant  to  adjournment, 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Barry,  Beam,  Bon- 
ney, Bridges,  Caldwell,  Castello,  Chapman,  Combash,  Compton, 
Coiiley,  Dowd,  Drane,  Elliott  John,  Elliott  James,  Field,  Fitz- 
hugh,  Gaither,  Gibbs,  Goss,  Gray,  Hauser,  Holland,  Howe, 
Hutto,  Jacobs,  Johnson  A.,  Johnson  3.,  Kerr,  Lack,  Lawson, 
Leas,  Leonard,  Mayson,  Montgomery,  Moore,  Morgan,  Myers, 


433 


Mygatt,  McCutchen,  McKee,  McKnight,  Nesbitt,  Nelms,  Ozanne, 
Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Powell, 
Orr,  Quinn,  Railsback,  Richardson,  Stewart,  Stites,  Stovall. 
Stringer,  Stiles,  Toy,  Walker,  Weir,  Williams,  Yeoman — 71. 
The  following  delegates  were  absent : 

Messrs.  Ballard,  Chappell,  Clarke,  Collins,  Cunningham, 
Fawn,  Handy,  Hemming  way,  Herbert,  Jamison,  Jones,  Mask, 
Miles,  Neilson,  Parsons  F.,  Rainey,  Smith,  Townsend,  Vaughan, 
Watson,  Warren,  Woodmansee — 22. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  Judiciary  Committee. 

Mr.  Morgan  moved  to  amend  by  striking  out  section  17  of 
Report  No.  31,  as  amended,  and  insert  second  blank  section  of 
Report  No.  39. 

Mr.  Gibbs  moved  to  strike  out  section  17  of  Report  No.  31, 
as  amended,  and  insert  section  17  of  Report  No.  31,  as  printed; 
Which  was  laid  on  the  table. 

Mr.  Gaither  moved  to  amend  amendment  by  adding,  at  the 
close  of  section,  the  following: 

His  qualification  shall  be  the  same  as  that  of  Circuit 
Judge;" 

Which  was  laid  on  the  table. 

Mr.  Montgomery  moved  to  insert  after  the  word  "  orphan, " 
in  fifth  line,  of  Report  No.  39,  the  words,  "  and  minors.  " 
Amendment  accepted  by  Mr.  Morgan. 

Mr.  E.  G.  Peyton  moved  to  amend  by  striking  out  section  2, 
m  Report  No.  39,  and  insert  as  follows : 

"A  Probate  Court  shall  be  established,  with  jurisdiction  in 
matters  testamentary,  and  of  administration  in  minors  busi- 
ness, and  allotment  of  dower,  and  in  cases  of  idiocy,  lunacy, 
and  persons  non  compos  mentis;" 

Which  was  adopted. 

Mr.  Compton  moved  to  adjourn; 

Which  was  lost. 

And  the  section  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Sec.  17.  A  Probate  Court  shall  be  established  with  jurisdic- 
tion in  all  matters  testamentary,  and  of  administration  in 
minors'  business,  and  all  allotments  of  dower,  and  in  cases  of 
idiocy,  lunacy,  and  persons  non  compos  mentis. 

The  President  announced  the  following  delegates  as  com- 
posing the  committee  in  reference  to  the  resolution  introduced 
by  Mr.  F.  Parsons,  relating  to  Tax  Ordinance : 

Mr.  Herbert,  of  Monroe; 

Mr.  McKee,  of  Warren: 

Mr.  Gaither,  of  Lee. 

Section  18  of  Report  No.  38: 

Mr.  E.  G.  Peyton  moved  to  amend  by  striking  out  section  IS 
and  inserting  as  follows: 

Sec.  18.  The  Legislature  shall  divide  the  State  into  conven- 
ient Probate  Districts,  each  of  which  to  be  composed  of  not 
more  than  four  counties.  A  Judge  of  Probate  shall  be  ap~ 
C— 28 


434 


pointed  in  each  District  in  the  same  manner  as  Circuit  Judges 
are,  and  shall  have  the  same  qualifications,  and  shall  hold  his 
office  for  the  term  of  two  }^ears.  He  shall  hold  a  court  in  each 
county  at  least  six  times  in  the  year,  at  such  times  as  the 
Legislature  may  prescribe,  and  shall  receive  such  compensation 
as  majr  be  fixed  by  law. 

Mr.  Herbert  offered  the  following  as  an  amendment  to  the 
amendment  offered  by  Mr.  Peyton : 

Amend  section  18  hy  striking  out  the  same  and  inserting  the 
following: 

Sec.  18.  The  judge  of  said  court  shall  be  elected  by  the  qual- 
ified voters  of  the  respective  counties  for  the  term  of  two  years, 
and  until  his  successor  shall  be  elected  and  qualified,  and  shall 
hold  his  court  once  in  each  month. 

Which  was  laid  on  the  table. 

Mr.  Conley  moved  to  amend  as  follows : 

Strike  out  the  words  "  and  shall  have  the  same  qualifications," 
and  insert  the  words  "  whose  qaalifications  shall  be  regulated 
by  law;" 

Which  was  lost. 

Mr.  Orr  moved  to  strike  out  the  word  11  appointed"  where  it 
occurs,  and  insert  the  word  "  elected." 

Mr.  McKee  moved  to  lay  the  motion  on  the  table; 
Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Bridges,  Caldwell,  Chapman,  Dowd, 
Drane, 'Johnson  A.,  Leas,  Mayson,  Musgrove,  Morgan,  Myers, 
Mygatt,  McKee,  Newsom,  Ozanne,  Peyton  E.  A.,  Peyton  E.  G., 
Powell,  Railsback,  Stewart,  Stites,  Stringer,  Toy,  Weir,  and 
Yeoman — 29. 

Nays — Messrs.  Alderson,  Ballard,  Barry,  Beam,  Bonney, 
Compton,  Elliott  John,  Elliott  James,  Field,  Fitzhugh,  Gaither, 
Goss,  Gray,  Handy,  Herbert,  Howe,  Hutto,  Johnson  S.,  Kerr, 
Lack,  Lawson,  Leonard,  Mask,  Montgomery,  Moore,  McCutchen, 
McKnight,  Nelms,  Orr,  Parsons  J.  R.,  Phillips,  Richardson,  and 
Stiles— 33. 

Mr.  Montgomery  moved  to  adjourn; 

Which  was  lost. 

Previous  question  called,  call  not  sustained;, 
And  the  amendment  lies  over. 

The  Convention  adjourned  to  meet  to-morrow  morning  at  9 

o'clock. 

T.  P.  Sears, 

Secretary , 


435 


SEVENTY-FIRST  DAY. 

Jackson,  Miss.,  Saturday,  March  28th,  186S. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain . 

Upon  the  roll  being  called,  the  following  delegates  an- 
swered to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell 
Clarke,  Combash,  Compton,  Conle^y,  Dowd,  Drane,  Elliott 
John,  Elliott  James,  Field,  Gaither,  Gibbs,  Goss,  Gray,  Hauser, 
Hemmiugway,  Herbert,  Holland,  Howe,  Hutto,  Jacobs,  Jami- 
son, Johnson  S.,  Johnson  A.,  Kerr,  Lawson,  Leas,  Leonard, 
Mayson,  Mask,  Musgrove,  Montgomery,  Moore,  Mygatt, 
McCutchen,  McKee,  McKnight,  Nelms,  Orr,  Ozanne,  Parsons 
J.  E.,  Peyton  E.  A.,  Peyton  E.  G,  Phillips,  Powell,'  Quinn, 
Railsback,  Richardson,  Stewart,  Stites,  Stovall,  Stringer,  Stiles, 
Toy,  Vaughan,  Walker,  Weir,  Williams,  and  Yeoman — 70. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Cunningham,  Dalton,  Fawn,  Handy,  Jones, 
Lack,  Longmire,  Miles,  Morgan,  Myers,  Neilson,  Nesbitt,  New- 
som,  Parsons  F.,  Rainey,  Smith,  Townsend,  Watson,  Warren, 
and  Williams — 21. 

Journal  of  yesterday  read  and  approved. 

The  following  delegates  were  granted  leaves  of  absence: 

Mr.  James  Elliott  ten  chays  from  Monday;  Mr.  Beam  five 
days;  Mr.  Lack,  five  clays;  Mr.  Longmire  three  clays;  Mr. 
Handy  three  days;  Mr.  Johnson  ten  clays;  Mr.  Lawson  four 
days. 

Mr.  Gibbs  offered  the  following: 

Resolved,  That  from  and  after  the  1st  day  of  April,  the  pay 
of  members  be  reduced  to  six  dollars  per  day. 
Referred  to  the  committee  on  Finance. 

The  report  of  sub-Committee  No.  3S  of  the  Judiciary,  was 
taken  up  for  consideration,  and  the  amendment  of  Mr.  Orr  to 
the  amendment  of  Mr.  E.  G.  Peyton,  introduced  yesterday  to 
section  18  of  Report  No.  38. 

Mr.  Chappell  called  the  previous  question,  call  sustained, 
and  the  amendment  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Ballard,  Beam,  Conley,  Elliott  John,  Elliott 
James,  Field,  Gaither,  Gibbs,  Goss,  Gray,  Herbert,  Hutto, 
Johnson  S.,  Mask,  Montgomeiy,  McCutchen,  McKnight,  Nelms, 
Orr,  Parsons  J.  R.,  Richardson,  Stovall,  and  Walker — 23. 

Nays — Messrs.  Alderson,  Alcorn,  Bany,  Bonney,  Bridges, 
Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Dowd, 
Drane,  Fitzhugh,  Hemmingway,  Holland,  Jacobs,  Jamison, 
Johnson  A.,  Kerr,  Lawson,  Leas,  Leonard,  Mayson,  Musgrove, 
Moore,  Morgan,  Mygatt,  McKee,  Newsom,  Ozanne,  Peyton  E. 
A.,  Peyton  E.  G.,  Phillips,  Powell,  Quinn,  Railsback,  Stewart, 
Stites,  Stringer,  Stiles,  Toy,  Vaughan,  Weir,  and  Yeoman — 45. 


436 


And  the  amendment  of  Mr.  E.  G.  Peyton  was  adopted,  by 
the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Bariy,  Bonney,  Bridges. 
Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Dowd, 
Drane,  Fitzhugh,  Gibbs,  Holland,  Jacobs,  Jamison,  Johnson 
A.,  Kerr,  Lawson,  Leas,  Leonard,  Maj^son,  Musgrove,  Mygatt, 
McKee,  Newsom,  Ozanne,  Peyton  E.  A.,  Peyton  E.  G,  Powell, 
Quinn,  Railsback,  Stewart,  Stites,  Stringer,  Toy,  Vaughan, 
Weir,  and  Yeoman — 41. 

Nays — -Messrs,  Ballard,  Beam,  Combash,  Conley,  Elliott 
John,  Elliott  James,  Field,  Gaither,  Goss,  Gray,  Hemmingwa}^ 
Herbert,  Howe,  Hutto,  Johnson  S.,  Mask,  Montgomery,  Moore, 
Morgan,  McCutchen,  McKnight,  Nelms,  Orr,  Parsons  J.  R,, 
Phillips,  Richardson,  Stovall,  Stiles,  and  Walker — 29. 

Mr.  Field  offered  an  additional  section,  as  follows : 

Section  — .  There  shall  be  an  attorney  at  law,  in  good 
standing,  elected  every  two  years  by  the  voters  of  the  several 
counties  in  this  State,  whose  duty  it  shall  be  to  defend  every 
person  against  whom  any  action  may  be  brought,  or  indict- 
ment found,  in  any  county  in  this  State,  who  will  make  oath 
or  affirmation  that  he  or  she  is  not  worth  the  sum  of  live  hun- 
dred dollars ;  and  the  Legislature  shall,  by  law,  provide  for  the 
payment  of  said  attorney  according  to  the  population  of  the 
several  counties,  and  the  probable  labor  to  be  performed  by  him. 

Mr.  Gaither  moved  to  la}^  on  the  table; 

Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Ballard,  Bonney,  Castello,  Elliott 
John,  Fitzhugh,  Gaither,  Goss,  Gray,  Howe,  Leas,  Leonard. 
Morgan,  McCutchen,  McKee,  Pevton  E.  G.,  Phillips,  Toy, 
Weir— 19. 

Nays— Messrs.  Alcorn,  Barry,  Beam,  Caldwell,  Chapman.. 
Chappell.  Combash,  Conley,  Dowd,  Elliott  James,  Field,  Gibbs, 
Hemmingway,  Herbert,  Holland,  Hutto,  Jacobs,  Johnson  S., 
Johnson  A.,  Kerr,  Lawson,  Mayson,  Montgomery,  Moore,  Mc- 
Knight, Nelms,  Newsom,  Orr,  Ozanne,  Parsons  J.  R.,  Peyton 
E.  A.,  Powell,  Quinn,  Railsback,  Richardson,  Stewart,  Stites, 
Stovall,  Stiles,  Williams,  Yeoman — 41. 

Mr.  Castello  moved  to  amend  by  inserting  the  words  "  an 
attorney  shall  be  elected  in  every  precinct  in  the  county." 

Mr.  Newsom  moved  to  lay  on  the  table; 

Which  was  carried,  by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Beam,  Caldwell,  Chapman,  Chap- 
pell, Combash,  Conley,  Cunningham,  Dowd,  Elliott  John, 
Elliott  James,  Field,  Fitzhugh,  Gaither,  Gibbs,  Goss,  Gray, 
Hemmingway,  Herbert,  Howe,  Hutto,  Jacobs,  Lawson,  Leon- 
ard, Mask,  Musgrove,  Montgomery,  McCutchen,  McKnight, 
Nelms,  Newsom,  Orr,  Ozanne,  Peyton  E.  A.,  Peyton  E.  G., 
Phillips,  Powell,  Quinn,  Railsback,  Richardson,  Stewart,  Stites, 
Stovall,  Yeoman — -44. 

Nays  -Messrs.  Alderson,  Barry,  Castello,  Holland,  Johnson 
A.,  Leas,  Moore,  Morgan,  McKee,  Parsons  J.  R.,  Stiles,  Weir, 
Williams— 13. 


437 


Mr.  Alderson  moved  to  amend  by  adding  the  words  "  and  an 
attorney  shall  also  be  elected  in  each  county  to  prosecute  every 
person  in  said  county  worth  over  live  hundred  dollars." 

Mr.  Jacobs  moved  to  lay  on  the  table; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Ballard,  Caldwell,  Chapman,  Chappell,  Clarke, 
Combash,  Con  ley,  Cunningham,  Dowd,  Elliott  John,  Elliott 
James,  Field,  Goss,  Gray,  Hemmingway,  Howe,  Hutto,  Herbert, 
Jacobs,  Jamison,  Johnson  S„  Johnson  A.,  Lawson,  Leas, 
Leonard,  Mask,  Montgomery,  Moore,  McKnight,  Xewsoin,  Orr, 
Ozanne,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Powell,  Quinn, 
Sailsback,  Richardson,  Stewart,  Stites,  Stovall,  Stiles,  Yeo- 
man— 44. 

Xays — Messrs.  Alderson,  Alcorn,  Barry,  Beam,  Bonney, 
Fitzhugh,  Gaither,  Holland,  Jamison,  Musgrove,  Morgan.  Mc- 
Cutchen,  Xelnis,  Parsons  J.  R.,  Yaughan,  Weir,  Williams — 17. 

Mr.  Gaither  moved  to  amend  as  follows : 

That  no  one  worth  less  than  ten  thousand  dollars  shall  be 
taxed  to  pay  said  attorney. 

Mr.  Herbert  moved  to  amend  the  amendment  by  inserting 
after  the  words  "  five  hundred  dollars,"  the  words  "  that  it  shall 
also  be  the  duty  of  such  attorney  or  lawyer  so  elected,  to 
attend  to  the  business  of  the  poor  before  the  Probate  Court, 
in  representing  their  cases." 

Mr.  Clarke  moved  to  indefinitely  postpone  the  section  GfTered 
by  Mr.  Field,  and  the  amendment  thereto. 

Mr.  Fitzhugh  moved  the  previous  Question: 

Which  was  sustained. 

And  the  motion  to  postpone  was  carried,  by  the  following 
vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke,  Conle}',  Cunningham,  Dowd,  Elliott  Jas„,  Elliott  Jno., 
Field,  Gaither,  Goss,  Holland,  Howe,  Hutto,  Jacobs,  Jamison, 
Johnson  S.,  Johnson  A.,  Kerr,  Lawson,  Leas,  Leonard,  Mask, 
Musgrove,  Moore,  Morgan,  Mygatt,  McCutchen,  McKee,  New- 
som,  Ozanne,  Parsons  J.  R,,  Peyton  E.  A.,  Peyton  E.  G.,  Rails- 
back,  Stewart,  Stiles,  Toy,  Yaughan,  Vralker,  Weir,  and  Yeo- 
man— 51. 

Xays — Messrs.  Gibbs,  Gray,  Herbert,  Mayson,  Montgomery, 
McKnight,  Orr,  Powell,  Richardson,  and  Stites — 10. 

Mr.  McKee  moved  to  add  section  19  of  Report  Xo.  31; 
Which  was  carried. 

Section  19.  The  style  of  all  process  shall  be,  "  The  State  of 
Mississippi;''  and  all  prosecutions  shall  be  carried  on  in  the 
name  and  by  the  authority  of  the  "  State  of  Mississippi,"  and 
shall  conclude  "  against  the  peace  and  dignity  of  the  same." 
Section  2G: 

Mr.  Peyton,  of  Copiah,  moved  to  add  the  following  addi- 
tional section  : 

Section  _  The  Clerk  of  the  High  Court  of  Errors  and  Ap- 


438 


peals  shall  be  appointed  by  the  said  Court,  for  the  term  of  four 
years. 

Mr.  Railsback  offered  the  following  amendment : 
Section  — .  The  Clerk  of  the  High  Court  of  Errors  and 
Appeals  shall  be  appointed  by  said  Court  for  the  term  of  four 
years,  and  the  Clerks  of  the  Circuit,  Probate,  and  other  inferior 
courts,  shall  be  elected  by  the  qualified  electors  of  the  several 
counties  of  their  respective  districts,  and  shall  hold  their  office 
for  the  term  of  four  years.  The  Legislature  shall  provide  by 
law  what  duties  shall  be  performed  by  the  Clerk  of  the  Probate 
Court  during  vacation,  subject  to  the  revision  and  approval  of 
the  Probate  Judge. 

Mr.  Chappell  moved  to  strike  out  the  words  "  High  Court  of 
Errors  and  Appeals,"  where  it  occurs,  and  insert  the  words 
"  Supreme  Court." 

Mr.  Cibbs  moved  to  adjourn: 

Which  was  lost. 

Mr.  Fitzhugh  moved  the  previous  question  ; 
Which  was  not  sustained. 
And  the  motion  of  Mr.  Chappell  lies  over. 
Convention  adjourned  until  3  o'clock,  p.  m. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Aiderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Chapman,  Clarke,  Compton,  Conley, 
Dowd,  Elliott  John,  Field,  Fitzhugh,  Gaither,  Gibbs,  Gray, 
Holland,  Howe,  Hutto,  Jacobs,  Johnson  S.,  Kerr,  Lawson, 
Leonard,  Longmire,  Mayson,  Mask,  Musgrove,  Montgomery, 
Morgan,  McCutchen,  McKee,  McKnight,  Nelms,  Orr,  Parsons 
J.  R.,  Peyton  E.  G.,  Phillips,  Powell,  Railsback,  Richardson, 
Stewart,  Stovall,  Toy,  Walker,  Weir,  and  Williams — 50. 

The  following  delegates  were  absent: 

Messrs.  Caldwell,  Castello,  Chappell,  Collins,  Combash,  Cun- 
ningham, Dalton,  Drane,  Elliott  James,  Fawn,  Goss,  Handy, 
Hauser,  Hemmingway,  Herbert,  Jamison,  Johnson  A.,  Jones, 
Lack,  Leas,  Miles,  Moore,  Myers,  Mygatt,  Neilson,  Nesbitt, 
Newsom,  Ozanne,  Parsons  F.,  Peyton  E.  A.,  Quinn.  Rainey, 
Smith,  Stringer,  Stiles,  Townsend,  Vaughan,  Watson,  Warren, 
Woodmansee,  and  Yeoman — 41. 

Mr.  Compton  moved  to  adjourn; 

Which  wast  lost. 

The  President  announced  the  following  special  committee  to 
take  into  consideration  the  resolution  of  Mr.  Stringer,  reported 
back  from  Legislative  Committee : 

Messrs.  Morgan,  Stringer,  and  Powell. 

Leave  of  absence  was  granted  to  Mr.  Castelh>  for  ten  days. 


The  motion  of  Mr.  Chappell  pending  at  adjournment,  was 
laid  on  the  table. 

Convention  adjourned  until  Monday  morning,  at  9  o'clock, 

T.  P.  Sears. 

Secretary, 


SEVENTY-SECOND  DAY, 

Jackson,  Miss.,  Monday,  March  30th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs,  Aiderson,  Alcorn,  Barry,  Ballard, 
Bridges.  Brinson,  Caldwell,  Chapman,  Chappell,  Clarke. 
Combash,  Compton,  Coriley,  Cunningham,  Dowd,  Drane. 
Elliott  John,  Fitzhugh,  Gaither,  Gibbs,  Goss,  Gray.  Hauser. 
Heininingway,  Herbert,  Holland,  Howe,  Hutto,  Jacobs,  Jami- 
son, Johnson  A.,  Kerr,  Lawson,  Leonard,  Longmire,  Mayson. 
Mask,  Musgrove,  Montgomery,  Moore,  Morgan,-  McCutchem 
McKee,  McKnight.  Xelms,  Newsom,  Orr,  Ozanne,  Parsons 
J.  P..  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Powell, 
Quinn,  Eailsback,  Richardson,  Stewart,  Stites,  Stovall,  Stringer, 
Stiles,  Toy,  Vaughan,  Walker,  Weir,  and  Yeoman — 67. 

The  following  delegates  were  absent: 

Messrs.  Beam.  Castello.  Collins,  Dalton,  Elliott  Jas.,  Fawn. 
Field,  Hand}',  Joh  son  S.,  Jones,  Lack,  Leas,  Miles,  Myers, 
Mygatt,  Xeilson,  Nesbitt,  Rainey,  Smith,  Townsend,  Watson. 
Warren,  Williams,  and  Woodmansee— 24. 

Journal  of  Saturday  was  read  and  approved. 

The  Committee  on  Contingent  Expenses  reported  as  follows: 

Mr.  President:  The  Committee  on  Contingent  Expenses 
would  respectfullv  report,  that  the  account  hereto  annexed  is 
correct,  and  would  recommend  the  same  be  allowed. 

Respectfully, 

U.  OZAXXE. 

Chairman. 
W.  H.  Gibbs, 
J,  Railsback, 

Committee, 

3Iississippi  Constitutional  Convention, 

To  the  Journal  Office,  Dr. 

To  321  copies  Daily  Journal,  for  twenty-six  days  @  5 

cents  per  copy  '  *  $417  30 

To  25  copies  Daily  Journal,  for  ten  days  @  5  cents  per 

copy  "  ,.   12  50 


Total 


S429  SO 


440 


The  certificate  of  the  Sergeant-at-Arms  that  the  above 
account  is  correct,  is  appended  to  the  above. 

Report  received,  and  under  a  suspension  of  the  rules,  was 
adopted,  and  warrant  ordered  to  be  drawn  in  payment  therefor. 

Mr.  Ballard  offered  the  following: 

Whereas,  There  is  to  be  held  in  this  city,  on  the  31st  inst., 
a  Convention  composed  of  delegates  from  all  neighboring 
States,  as  well  as  our  own,  to  take  into  consideration  the  best 
and  most  practicable  means  for  promoting  and  inducing  capi- 
tal to  the  South  for  the  development  of  its  resources,  and  in- 
creasing its  material  prosperity;  therefore,  be  it 

liesolvecl,  That  in  order  to  show  our  appreciation  of  the  im- 
portance of  this  movement,  and  sympathy  with  its  projectors, 
we  tender  the  delegates  to  the  Convention  the  use  of  this  hall 
for  their  deliberations,  and  request  the  State  Journal  and, 
.Daily  Clarion  to  publish  this  resolution. 

Mr.  Weir  moved  to  amend  by  adding,  after  the  word  "  delib- 
eration," the  words,  "  that  the  members  and  officers  of  this 
Convention  receive  no  compensation  for  the  time  we  thus  relin- 
quish the  use  of  this  hall  for  said  purpose. 

Mr.  Stovall  moved  to  amend  as  folio ws : 

Provided,  Each  delegate  acknowledges  the  political  and  civil 
equality  of  all  men. 

Mr.  Alcorn  moved  the  previous  question,  which  was  sus- 
tained; and  the  amendment  of  Mr.  Stovall  was  lost. 

And  the  amendment  of  Mr.  Weir  was  lost. 

And  the  resolution  of  Mr.  Ballard  was  adopted,  by  the  fol- 
lowing vote: 

Yeas — Messrs.  Alcorn,  Ballard,  Barry,  Chapman,  Chappell, 
Clarke,  Compton,  Conley,  Cunningham,  Dowd,  Field,  Gaither, 
Gibbs,  Goss,  Gray,  Hemmingway,  Herbert,  Howe,  Hutto, 
Jamison,  Johnson  A.,  Kerr,  Leonard,  Longmire,  Mask,  Mus- 
grove, Montgomery,  Morgan,  McCutchen,  McKee,  McKnight, 
Nelms,  Grr,  Gzanne,  Phillips,  Ruinn,  Railsback,  Richardson, 
Stovall,  Stiles,  Vaughan,  and  Yeoman — 42. 

Nays — Messrs,  Alderson,  Bonney,  Bridges,  Brinson,  Cald- 
well, Drane,  Elliott  John,  Fitzhugh,  Holland,  Lawson,  Mayson, 
Moore,  Mygatt,  Newsom,  Peyton  E.  A.,  Powell,  Stewart,  Stites, 
Stringer,  Toy,  and  Weir — 21. 

Mr.  Gibbs  moved  to  reconsider  the  vote  just  taken. 

Mr.  Musgrove  moved  to  lay  on  the  table; 

Which  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Ballard,  Chapman,  Chappell,  Comp- 
ton, Conley,  Dowd,  Drane,  Field,  Gaither,  Goss,  Gray,  Hauser, 
Hemmingway,  Howe,  Hutto,  Kerr,  Longmire,  Mask,  Musgrove, 
Montgomery,  McKee,  McKnight,  Nelms,  Orr,  Parsons  J.  R., 
Phillips,  Railsback,  Richardson,  Stovall,  and  Yeoman — 31. 

Nays — Messrs.  Alderson,  Barry,  BonnejT,  Bridges,  Caldwell, 
Clarke,  Elliott  John,  Fitzhugh,  Gibbs,  Herbert,  Holland,  Jacobs, 
Johnson  A.,  Lawson,  Leas,  Leonard,  Mayson,  Moore,  Morgan, 


441 


Mygatt,  Newsom,  Ozanne,  Peyton  E.  A.,  Peyton  E.  G.,  Powell, 
Quinn,  Stewart,  Stites.  Stringer,  Stiles,  Toy,  and  Weir — 32. 

Mr.  Newsom  moved  the  previous  question; 

Which  was  not  sustained. 

And  the  motion  to  reconsider  lies  over. 

Mr.  Field  offered  the  following: 

Whereas,  Civil  government  is,  or  should  be  instituted  for 
the  good  of  each  of  its  members,  so  far  as  is  compatible  with 
the  common  interest,  and  no  further;  therefore,  any  and  all 
acts  of  incorporation  calculated  to  injure  or  impede  its  pros- 
perity, should  be  null  and  void  when  their  injurious  tendency 
becomes  known  to  the  constituted  authorities  of  a  State;  and 

Whereas,  The  incorporation  of  a  few  individuals,  to  estab- 
lish and  conduct  profitable  enterprises  of  any  sort,  to  the  ex 
elusion  of  others,  who  may  have  the  disposition  and  ability  to 
prosecute  similar  business,  is  calculated  to  cripple  and  impair 
the  energies  of  the  people,  therefore. 

Be  it  resolved  1.  That  the  Legislature  shall  pass  such  gen- 
eral laws,  authorizing  the  organization  of  corporations  for  any 
and  all  purposes,  as  the  general  interest  may  demand,  not  in- 
compatible with  the  preamble  of  this  resolution. 

2.  That  the  property  of  all  the  corporations  looking  to  the 
pecuniary  interest  of  the  corporators,  shall  be  subject  to  the 
same  rate  of  taxation  as  individual  property, 

3.  That  the  State  shall  not  become  a  stockholder  in  an}*  cor- 
poration; shall  not  assume  or  pay  the  debt  or  liability  of  any 
corporation,  subject,  however,  to  exception  if  the  exigencies  of 
war  should  demand  a  modification. 

Which  was  referred  to  the  committee  Legislative  Depart- 
ment. 

Mr.  Ozanne  offered  the  following: 

Whereas,  The  reading  of  newspapers  during  the  hours  of 
the  session  of  this  Convention,  has  had  much  to  do  in  protract- 
ing the  session;  and 

Whereas,  It  is  due,  through  a  humane  feeling  to  the  Secre- 
tary of  this  Convention,  to  relieve  his  lungs,  which  must  even- 
tually suffer  from  the  constant  reading  of  the  business  before 
the  Convention,  whereof  two  readings  should  be  sufficient; 
therefore, 

Be  it  resolved,  That  the  Sergeant-at-Arms  be  required  to 
have  one  of  the  committee  rooms  put  in  order  for  a  reading- 
room,  and  whenever  a  member  of  this  Convention,  while  it  is  in 
session,  desires  to  read  newspapers,  he  shall  retire  to  said  room. 

Which  was  laid  on  the  table. 

Mr.  Fitzhugh  offered  the  following: 

Besolved,  That  we  hereafter  hold  but  one  session  per  day. 
which  session  shall  commence  at  9  o'clock  a.  vl,  and  adjourn 
at  2  o'clock  p.  m. 

Besolved,  further,  That  this  resolution  take  effect  on  March 
31st,  1868. 

Mr.  Musgrove  moved  to  table;  which  was  lost. 
Mr.  Cunningham  moved  the  previous  question; 


442 


Which  was  sustained;  and  the  resolution  of  Mr.  Fitzhugh 
was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Bonne}r, 
Bridges,  Brinson,  Cunningham,  Drane,  Fitzhugh,  Gibbs,  Hauser, 
Herbert,  Holland,  Jacobs,  Jamison,  Johnson  A.,  Leas,  Leon- 
ard, Montgomery,  Moore,  Morgan,  Mygatt,  McKnight,  New- 
som,  Orr,  Powell,  Quinn,  Railsback,  Stewart,  Stites,  Stiles, 
Toy,  Weir,  Yeoman — 35. 

Nays — Messrs.  Caldwell,  Chapman,  Clarke,  Conley,  Dowd, 
Elliott  John,  Field,  Gaither,  Goss,  Gray,  Hemmingway,  Hutto, 
Lawson,  Longmire,  Mayson,  Mask,  Musgrove,  McCutchen, 
McKee,  Nelms,  Ozanne,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton 
E.  G.,  Phillips,  Richardson,  Stovall,  Walker— 28. 

Mr.  Morgan  offered  the  following: 

Resolved,  That  on  Tuesday,  the  31st  day  of  March,  this 
Convention  take  a  recess  for  three  weeks,  and  reassemble  the 
21st  day  of  April,  next. 
A  motion  to  table  was  carried,  by  the  following  vote: 
Yeas — Messrs.  Alderson,  Ballard,  Bonney,  Brinson,  Cald- 
well, Chapman,  Chappell,  Clarke,  Combash,  Conley,  Cunning- 
ham, Dowd,  Drane,  Elliott  John,  Field,  Fitzhugh,  Gaither, 
Gibbs,  Hauser,  Herbert,  Holland,  Hutto,  Jacobs,  Jamison, 
Johnson  A.,  Lawson,  Leas,  Leonard,  Ma}' son,  Musgrove, 
Moore,  McKnight,  Newsom,  Ozanne,  Parsons  J.  R.,  Peyton  E. 
A.,  Peyton  E.  G.,  Powell,  Quinn,  Railsback,  Richardson,  Stew- 
art, Stites,  Stringer,  Stiles,  Toy,  Vaughan,  Walker,  Weir,  Yeo- 
man— 50. 

Nays — Messrs.  Barry,  Bridges,  Goss,  Gray,  Hemmingway, 
Longmire,  Mask,  Montgomery,  Morgan,  Mygatt,  McCutchen, 
McKee,  Nelms,  Orr,  Phillips,  Stovall— 16. 

Mr.  Morgan  offered  the  following: 

Resolved,  That  on  the  31st  day  of  March,  this  Convention 
adjourn  to  reassemble  on  t4he  21st  clay  of  April,  next. 
Mr.  Cunningham  moved  to  lay  on  the  table; 

Vvrhich  was  carried,  by  the  following  vote: 

Yeas— Messrs.  Alderson,  Ballard,  Bonney,  Brinson,  Caldwell, 
Chapman,  Chappell,  Conley,  Cunningham,  Elliott  John,  Fitz- 
hugh, Gibbs,  Gray,  Hauser,  Herbert,  Holland,  Jacobs,  John- 
son A.,  Leas,  Ma^yson,  Musgrove,  Moore,  Mygatt,  McKnight, 
Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Powell,  Quinn, 
Railsback,  Richardson,  Stewart,  Stites,  Stovall,  Stiles,  Toy, 
Vaughan,  Walker,  Yeoman — 39. 

Nays— Messrs.  Barry,  Bridges,  Dowel,  Drane,  Field,  Gaither, 
Goss,  Hemmingway,  Howe,  Jamison,  Longmire,  Montgomeiy, 
Morgan,  McCutchen,  McKee,  Nelms,  Orr,  Ozanne,  Phillips, 
Stringer,  Weir — 21 

The  Convention  resumed  the  unfinished  business  of  Saturday, 
viz :  the  section  to  the  Judiciary  report,  offered  by  Mr.  Rails- 
back,  of  Bolivar,  which  was  adopted. 

Mr.  Herbert  moved  to  amend  by  striking  out  the  word 


443 


-four"  and  inserting  the  word  "  two"  before  the  word  "years" 
last  mentioned  in  said  amendment. 

A  motion  to  table  was  lost. 

The  Convention  adjourned  until  3  o'clock  p.  m, 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Bonney,  Brinson.  Caldwell,  Chapman.  Clarke,  Combash,  Comp- 
ton,  Conley,  Dowd,  Drane,  Elliott  John,  Fitzhugh,  Gaither, 
Gibbs,  Goss,  Gray,  Hemmingway,  Herbert,  Holland,  Howe, 
Hutto,  Jacobs,  Jamison,  Johnson  A..  Lawson,  Leas,  Leonard, 
Longmire,  Mayson,  Mask,  Musgrove.  Montgomery,  Moore,  Mor- 
gan, Mvgatt.  McCutchen,  McKee,  McKnight,  Nelms,  Newsom, 
brr.  Parsons  J.  P.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips,  Powell, 
Quinn,  Railsback,  Richardson,  Smith,  Stewart,  Stites,  Stovall, 
Stringer,  Stiles,  Yaugkan,  Walker,  Weir,  and  Yeoman — 64. 

The  following  delegates  were  absent: 

Messrs.  Beam,  Bridges,  Castello,  Chappell,  Collins,  Dalton, 
Elliott  James,  Fawn,  Field.  Handy.  Hauser,  Johnson  S.,  Jones, 
Kerr,  Lack,  Miles,  Myers,  Neilson,  Nesbitt,  Ozanne,  Parsons  F., 
Rainey.  Townsend,  Warren,  Weir,  Williams,  Woodmansee — 27. 

Mr.  Conley  offered  the  following  amendment  to  the  amend- 
ment: 

Sec.  20.  The  Clerk  of  the  High  Court  of  Errors  and  Appeals 
shall  be  appointed  by  said  court  for  the  term  of  four  years:  and 
the  Clerk  of  the  Circuit  Court  and  the  Clerk  of  the  Probate  Court 
shall  be  elected  by  the  qualified  voters  of  their  several  counties, 
and  shall  hold  their  office  for  the  term  of  two  years;  the  Clerk 
of  the  Circuit  Court  shall  be  the  Clerk  of  the  Chanceiy  Court; 
and  the  Legislature  shall  provide  by  law  what  duties  shall  be 
performed  by  the  Clerks  of  the  Circuit  and  Probate  Courts 
during  vacation,  subject  co  the  approval  of  the  court. 

Which  was  adopted. 

And  section  20  was  adopted  as  amended,  and  reads  as  printed 
above. 

The  following  was  offered  as  an  additional  section : 
Sec.  21.  The  qualified  electors  of  each  county  shall  elect 
five  persons  by  districts,  for  the  term  of  two  years,  who  shall 
constitute  a  Board  of  Police  for  each  county,  a  majority  of 
whom  may  transact  business,  which  body  shall  have  full  juris- 
diction over  roads,  ferries,  and  bridges,  and  all  other  matters 
of  Count}'  Police,  and  shall  order  all  counts*  elections,  to  fill 
vacancies  that  may  arise  in  the  offices  of  their  respective  coun- 
ties. The  Clerk  of  the  Probate  Court  of  each  county  shall  be 
the  Clerk  of  such  Board  of  County  Police. 

And  the  section  was  adopted,  and  reads  as  printed  above. 

Mr.  McKee  offered  an  additional  section,  as  follows: 

Sec.  22.  No  person  shall  be  eligible  as  a  member  of  said 


444 


Board,  who  shall  not  have  resided  one  year  in  the  county;  but 
this  qualification  shall  not  extend  to  such  new  counties  as  may 
hereafter  be  established,  until  one  year  after  their  organization, 
and  all  vacancies  that  may  occur  in  said  Board  shall  be  sup- 
plied by  election  as  aforesaid,  to  fill  the  unexpired  term. 
And  the  section  was  adopted. 

Mr.  McKee  offered  the  following  as  an  additional  section : 

Sec.  23.  The  Judges  of  all  the  courts  of  this  State,  and 
also  the  members  of  the  County  Police,  shall,  by  virtue  of 
office,  be  conservators  of  the  peace,  and  shall  be  by  law  vested 
with  ample  powers  in  that  respect. 

Mr.  Morgan  moved  to  amend  as  follows : 

Insert  the  word  "  their,"  after  the  word  "  of,"  in  the  fourth 
line,  and  the  words  "  and  all  other  civil  officers,"  in  the  third 
line  after  the  word  "  police;" 

Which  was  carried. 

And  the  section  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Sec.  24.  The  Judges  of  all  the  courts  of  this  State,  and  also 
the  members  of  the  County  Police,  and  all  other  civil  officers, 
shall,  by  virtue  of  their  offices  be  conservators  of  the  peace, 
and  shall  be  by  law  vested  with  ample  powers  in  that  respect. 

Mr.  Clarke  offered  the  following  as  an  additional  section : 

Sec.  25.  A  competent  number  of  Justices  of  the  Peace,  and 
Constables  shall  be  chosen  in  each  county  by  the  qualified 
•'electors  thereof  by  districts,  who  shall  hold  their  offices  for 
the  term  of  two  years.  The  jurisdiction  of  Justices  of  the 
Peace  shall  be  limited  to  causes  in  which  the  principal  of  the 
amount  in  controversy  shall  not  exceed  the  sum  of  fifty  dol- 
lars. In  all  causes  tried  by  a  Justice  of  the  Peace,  the  right 
of  appeal  shall  be  secured  under  such  rales  and  regulations  as 
shall  be  prescribed  by  law. 

Mr.  Peyton,  of  Copiah,  moved  to  amend  as  follows : 

In  the  tenth  line,  add  between  the  words  "  of"  and  "fifty," 
the  words  "  one  hundred  and." 

Mr.  Alderson  moved  to  amend  by  adding  "  $250,"  in  place 
of  "  $150." 

Mr.  Leas  moved  to  lay  on  the  table ; 

Which  was  carried. 

And  the  amendment  of  Mr.  Peyton  was  adopted. 
Mr.  John  Elliott  moved  to  amend  as  follows : 
Strike  out  the  words  "  one  hundred  and  fifty,"  and  insert  the 
words  "two  hundred  dollars;" 
Which  was  laid  on  the  table. 

And  section  24  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Sec  26.  A  competent  number  of  Justices  of  the  Peace 
and  Constables,  shall  be  chosen  in  each  county  by  the  qualified 
electors  thereof,  by  districts,  who  shall  hold  their  offices  for  the 
term  of  two  years.  The  jurisdiction  of  Justices  of  the  Peace 
shall  be  limited  to  causes  in  which  the  principal  of  the  amount 
in  controversy  -shall  not  exceed  the  sum  of  one  hundred  and 


445 


fifty  dollars.  In  all  causes  tried  by  a  Justice  of  the  Peace,  the 
right  of  appeal  shall  be  secured  under  such  rules  and  regula- 
tions as  shall  be  prescribed  by  law. 

Mr.  Clarke  offered  the  following  as  an  additional  section: 
Sec.  27.  The  Legislature  shall,  from  time  to  time,  estab- 
lish such  other  inferior   courts  as  may   be  necessary,  and 
abolish  the  same  whenever  they  shall  deem  it  expedient. 

Mr.  McKee  offered  the  following  as  an  additional  section : 
Sec.  26.  There  shall  be  an  Attorney  General  elected  by  the 
qualified  electors  of  the  State,  and  a  competent  number  of  Dis- 
trict Attorneys  shall  be  elected  by  the  qualified  electors  of  the 
respective  districts,  whose  term  of  service  shall  be  four  years, 
and  whose  compensation  shall  be  prescribed  by  law, 
Mr.  0  rr  moved  to  amend  as  follows: 

Strike  out  the  word  t;  elected,"  where  it  occurs,  and  insert 
the  word  "appointed." 

Mr.  Peyton,  of  Copiah,  moved  to  lay  the  amendment  on  the 
table; 

Which  was  carried. 

And  section  26  was  adopted,  and  reads  as  above. 

Mr.  McKee  offered  the  following  as  an  additional  section  : 
Sec.  27.    The  Legislature  shall  provide  by   law  for  deter- 
mining contested  elections; 
Which  was  adopted. 

Mr.  Fitzhugh  offered  the  following  as  an  additional  section : 
Sec.  28.    Clerks,  Sheriffs,  and  other  county  officers,  for  wil- 
ful neglect  of  duty  or  misdemeanor  in  office,  shall  be  liable  to 
presentment  or  indictment  by  a  grand  jury,  and  trial  by  petit 
jury,  and  upon  conviction  shall  be  removed  from  office. 
Which  was  adopted. 

Mr.  Alderson  offered  the  following  as  an '  additional  sec- 
tion : 

Sec.  29.  All  judgments  rendered  by  a  Justice  of  the  Peace, 
shall  have  the  same  force  and  effect  as  judgements  rendered  by 
any  other  court, 

•  Mr.  Gaither  moved  to  amend  as  follows : 

Provided,  That  a  judgement  of  a  Justice's  court  for  an 
-amount  less  than  fifty  dollars  principal  debt,  shall  not  operate 
as  a  lien  upon  real  estate. 

Mr.  Herbert  moved  to  indefinitely  postpone  the  section  and 
amendments; 

Which  was  carried. 

Mr.  Fitzhugh  moved  to  suspend  the  rules  to  enable  him  to 
make  a  motion; 
Which  was  lost. 

Mr.  Orr  moved  to  adjourn  until  to-morrow  morning,  at  9 
o'clock; 

Which  was  lost. 

Mr.  Barry  moved  to  reconsider  the  vote  adopting  the  18th 
section,  introduced  by  Mr.  E=  G.  Peyton,  and  adopted  on  Satur- 
day. 


446 


The  motion  to  reconsider  prevailed,  and  Mr.  Conley  offered 
the  following: 

Sec.  18.  The  Legislatnre  shall  divide  the  State  into  a  con- 
venient number  of  Probate  Districts,  to  be  composed  of  not 
more  than  four  counties.  The  Judges  of  Probate  Courts  shall 
be  appointed  in  the  same  manner  as  the  Judges  of  the  Circuit 
Courts;  and  their  qualifications  shall  be  regulated  by  law. 
They  shall  hold  their  office  for  the  term  of  four  years.  They 
shall  hold  a  court  in  each  county  at  least  six  times  in  each 
year,  and  shall  receive  such  compensation  as  may  be  provided 
by  law. 

Mr.  Gaither  moved  to  amend  by  striking  out  the  word  "  ap- 
pointed," where  it  occurs,  and  insert  the  word  "elected;" 
Which  was  laid  on  the  table. 
Mr.  Richardson  moved  to  adjourn; 
Which  was  lost. 

Mr.  Railsback  moved  to  strikeout  the  words  " six  times 
each  year,"  and  insert  the  word  "four." 
Mr.  McKee  moved  the  previous  question; 
Which  was  sustained. 

And  the  amendment  of  Mr.  Railsback  was  lost. 
And  the  amendment  of  Mr.  Conley  was  adopted. 
And  section  18  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Sec.  18.  The  Legislature  shall  divide  the  State  into  a  convenient 
number  of  Probate  Districts,  to  be  composed  of  not  more  than 
four  counties.  The  Judges  of  Probate  Courts  shall  be  appointed 
in  the  same  manner  as  the  Judges  of  the  Circuit  Courts.  Their 
qualifications  shall  be  regulated  by  law,  and  they  shall  hold 
their  office  for  the  term  of  four  years.  They  shall  hold  a  court 
in  each  county  at  least  six  times  in  each  year,  and  shall  receive 
such  compensation  as  may  be  provided  by  law. 

Mr.  Clarke  moved  to  print  200  copies  of  the  Judiciary  Re- 
port as  adopted. 

Mr.  Morgan  moved  to  amend  by  inserting  "  100  "  instead  of 
"  200." 

Mr.  Compton  moved  to  amend  by  inserting  "  250  "  instead  of 
"  200." 

And  the  amendment,  and  the  amendment  thereto,  were  laid 
on  the  table. 

And  the  motion  of  Mr.  Clarke  was  lost. 

Mr.  Leas  moved  that  the  rules  be  suspended  that  the  Judic- 
iary Report  might  be  put  on  its  third  reading  after  the  16th 
section. 

Mr.  Combash  moved  to  lay  the  motion  on  the  table ; 
Which  was  carried. 

Convention  adjourned  until  9  o'clock,  to-morrow  morning. 

T.  P.  Sears, 

Secretary. 


SEVENTY-THIRD  DAY. 

Jackson.  Miss..  Tuesday.  March  31st.  ISC 3. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names :  • 

Mr.  President.  Messrs.  Alderson,  Alcorn.  Ballard.  Barry, 
Bonney.  Bridges.  Brinson,  Caldwell.  Chapman.  Chappell, 
Clarke.  Combash,  Compton.  Conley.  Dowd,  Drane.  Elliott  John. 
Pield.  Fitzhugh.  Gaither.  Gibbs,  Goss.  Gray.  Handy.  Hauser. 
Hemmingway.  Herbert.  Howe.  Holland.  Hutto.  Jacobs,  Jami- 
son. Johnson  A..  Kerr.  Lawson.  Leas.  Leonard,  Longmire.  May- 
son,  Mask.  Musgrove.  Montgomery.  Moore.  Morgan.  Mygatt. 
MeCutehen.  McKee.  McKnisrht,  Nelms,  Xe^som.  Orr,  Ozanne, 
Peyton  E.  A..  Peyton  E.  G./Phillips.  Powell  Quinn.  Railsback, 
Eichardson.  Stewart.  Stites.  Stovall,  Stringer,  Stiles.  Toy. 
Vaughan.  Walker.  Weir,  and  Yeoman — 70. 

The  following  delegates  were  absent: 

Messrs.  Beam.  Castello,  Collins,  Cunningham.  Dalton,  Elliott 
James.  Fawn.  Johnson  S.,  Jones,  Lack,  Miles,  Myers.  Xeilson. 
Isesbitt.  Parsons  F..  Parsons  J.  P..  Rainey,  Smith,  Townsend, 
Watson,  Warren.  Williams,  and  Woodmansee — 23. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following-  delegates: 
Mr.  Kerr,  for  five  days:  Mr.  Bridges,  for  two  days;  Mr.  Eich- 
ardson. for  two  days:  Mr.  Fitzhugh,  for  three  days;  Mr.  Fawn, 
for  five  days. 

Special  Committee  on  County  Boundaries  submitted  the  fol- 
lowing report: 

Mr.  Hauser  moved  that  the  reading  of  the  report  be  dispensed 
with. 

Mr.  Gibbs  moved  to  table  the  motion: 
Which  was  carried. 

To  the  President  and  Jlembers  of  the  Mississippi  Constitu- 
tional Convention  : 

Gextleaiex — Your  committee  on  County  Boundaries  most 
respectfully  submit  the  following  report,  viz : 

Be  it  ordained.  That  a  new  county  named  Crawford  county, 
shall  be  and  the  same  is  hereby  established,  with  the  following- 
boundaries,  viz:  Beginning  at  the  southeast  corner  of  town- 
ship sixteen,  range  nineteen,  running  west,  with  the  township 
line,  to  the  southwest  corner  of  township  sixteen,  range  fifteen: 
thence  north,  with  the  range  line,  to  the  northwest  corner  of 
section  thirty,  township  eighteen,  range  fifteen;  thence  east, 
with  the  section  line  between  sections  thirty  and  nineteen,  to 
McGower  creek:  thence  following  the  meanderings  of  said 
creek  to  its  junction  with  the  Tombigbee  river;  thence  follow- 


4iS 


ing  the  meanderings  of  said  river  to  the  State  line ;  thence 
with  said  State  line  to  the  beginning. 

And  be  it  further  ordained,  That  a  new  county  which  shall 
be  called  Columbia  county,  be  and  the  same  is  hereby  estab- 
lished, with  the  following  boundaries,  viz:  All  that  portion  of 
Tishomingo  county,  situated  and  lying  "south  of  a  line  begin- 
ning at  the  southwest  corner  of  section  seven,  township  four, 
range  six,  on  the  western  boundary  line  of  said  county;  and 
running  thence  east,  with  the  said  section  line,  between  sections 
seven  and  eighteen,  to  the  eastern  boundary  of  said  county  of 
Tishomingo. 

Be  it  further  ordained,  That  the  county  site  of  said  county 
of  Columbia  be  and  is  hereby  located  in  the  town  of  Boon- 
ville,  in  said  couty;  and  that  the  county  site  of  Tishomingo 
county  be  and  the  same  is  hereby  located  in  the  city  of  Cor- 
inth, in  said  county;  Provided,  That  the  said  city  of  Corinth 
shall  donate  and  deed  the  buildings  on  the  Public  Square  in 
said  city  to  the  said  Tishomingo  county  for  a  court-house. 

Be  it  further  ordained,  That  the  Board  of  Police  of  Tisho- 
mingo county  is  hereby  authorized  and  directed  to  sell  the  public 
buildings  now  belonging  to  said  Tishomingo  county,  situated 
at  Jacinto,  and  pay  the  same  over  to  the  Board  of  Police  of 
Columbia  county,  to  enable  said  Columbia  county  to  pay  for 
their  public  or  county  buildings. 

Be  it  f  urther  ordained,  That  a  new  county  to  be  called  Cul- 
pepper count}7  be  and  the  same  is  hereby  established,  with  the 
following  boundaries,  viz:  Beginning  at  the  northest  corner  of 
township  eight,  range  nine,  and  running  thence  south,  with 
the  range  line,  to  the  southeast  corner  of  section  thirteen, 
township  five,  range  nine;  and  running  thence  west,  with  the 
section  line  between  section  thirteen  and  section  twenty-four, 
to  the  southwest  corner  of  section  eighteen,  township  five, 
range  six;  thence  north,  with  the  range  line  to  the  northwest 
corner  of  township  eight,  range  six;  thence  east,  with  the 
township  line,  to  the  place  or  point  of  beginning;  the  same 
containing  six  hundred  and  twenty  square  miles,  be  the  same 
more  or  less. 

And  he  it  further  ordained,  That  the  county  site  of  said 
Culpepper  county  shall  be  located  in  the  town  of  Brookhaven 
in  said  county. 

And  be  it  further  ordained,  That  the  boundary  line  between 
Coahoma  and  Tunica  counties  be  established  as  follows,  viz. : 
Beginning  at  a  point  on  the  Mississippi  river  where  the  south 
boundary  of  township  thirt^y,  range  four,  west,  intersects  said 
river,  running  east  with  the  south  boundary  of  township  thirty 
to  the  Chickasaw  survey;  thence  east  on  the  south  boundary  of 
township  seven,  to  the  middle  of  range  nine,  west;  thence  north 
through  the  middle  of  range  nine,  to  the  north  boundary  of 
township  three;  thence  west  along  said  north  boundary  of 
township  three,  to  the  Mississippi  river;  thence  down  the  east 
bank  of  said  river,  to  the  beginning,    All  that  portion  of 


449 


Tunica  county  detached  by  this  ordinance  shall  be  added  to 
and  constitute  a  portion  of  Coahoma  county. 

Be  it  further  ordained,  That  a  new  county,  which  shall  be 
called  Clay  county,  shall  be,  and  the  same  is  hereby  established, 
with  the  following  boundaries,  viz. :  Embracing  townships  twelve, 
thirteen,  fourteen,  and  fifteen,  range  5;  townships  twelve,  thir- 
teen, fourteen,  fifteen,  and  part  of  sixteen,  range  four;  also, 
east  half  of  townships  twelve,  thirteen,  fourteen,  fifteen,  and 
sixteen,  range  three;  west  half  of  township  fifteen,  range  six, 
and  township  sixteen,  range  six. 

Be  it  f  urther  ordained,  That  in  constituting  the  aforesaid 
county  of  Clay,  the  county  boundaries  of  Carroll  county  shall 
remain  intact. 

Be  it  further  ordained,  That  the  county  site  of  said  Clay 
count}'  shall  be  situate  and  located  in  the  town  of  Durant. 

A.  S.  Do wd, 

Chairman, 
W.  H.  Gibbs, 
H.  W.  Barry, 
H.  Mask. 

Committee. 

Mr.  Clarke  moved  to  receive  the  report  and  print  two  hun- 
dred copies. 

Mr.  Orr  moved  to  amend  by  substituting  the  words  ';  one 
hundred"   for  the  words  "two  hundred;"' 
Which  was  carried. 

And  the  motion  of  Mr.  Clarke,  as  amended,  was  carried. 

Mr.  Orr  moved  to  suspend  the  rides  so  that  when  the  Con- 
vention adjourn  it  be  until  to-morrow  morning,  at  9  o'clock; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Barry,  Bonney,  Bridges,  Brin- 
son,  Chapman,  Chappell,  Combash,  Compton,  Conley,  Dowd, 
Drane,  Elliott  John,  Field,  Gartner,  Goss,  Gray,  Hauser,  Hem- 
mingway,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison,  Kerr,  Leas. 
Longmire,  Mask,  Musgrove,  Montgomeiy,  Moore,  Morgan, 
Mygatt,  3IcCutchen,  McKee,  Nelms,  Orr,  Ozanne,  Parsons  J. 
E.,  Phillips,  Quinn,  Railsback,  Richardson,  Stites,  Stovall, 
Stringer,  Stiles,  Vaughan,  Walker,  and  Yeoman — 51. 

Nays — Messrs.  Alderson,  Caldwell,  Clarke,  Fitzhugh,  Gibbs, 
Handy,  Holland,  Johnson  A.,  Lawson,  Leonard,  Mayson,  New-; 
som.  Peyton  E.  A.,  Peyton  E.  G.,  Stewart,  Toy,  and  Weir — 17. 

Mr.  Orr  moved  to  adjourn; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Bonney,  Chapman,  Chappell 
Clarke,  Combash,  Compton,  Conley,  Dowd,  Drane,  Elliott  John, 
Field,  Gaither,  Goss,  Gray.  Hauser,  Hemmingway,  Herbert, 
Howe,  Hutto,  Jacobs,  Jamison,  Kerr,  Leas,  Leonard,  Longmire, 
Mask,  Montgomery,  Mygatt,  McCutchen,  McKee,  McKnight. 
Nelms,  Orr,  Ozanne,  Phillips,  Quinn,  Railsback,  Richardson, 
Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Vaughan,  Walker,  and 
Yeoman — 48. 

Nays — Messrs.  Alderson,  Barrv,  Bridges.  Brinson,  Caldwell, 
C— 29 


450 


Fitzkugh,  Gibbs,  Handy,  Holland,  Johnson  A.,  Lawson,  May- 
son,  Musgrove,  Moore,  Morgan,  Newsom,  Peyton  E.  A.,  Peyton 
E.  G.,  Powell,  Toy,  and  Weir— 21. 

The  Convention  adjourned  until  to-morrow  morning  at  9 
o'clock. 

T.  P.  Sears, 
Secretary. 


SEVENTY-FOURTH  D^Y. 

Jackson,  Miss.,  Wednesday  April  1st,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Bany,  Bon- 
ney,  Brinson,  Caldwell,  Chapman,  Chappell,  Clarke,  Combash, 
Compton,  Conley,  Cunningham,  Dowd,  Drane,  Elliott  John, 
Field,  Gaither,  Gibbs,  Goss,  Gray,  Hauser,  Hemming  way, 
Herbert,  Holland,  Howe,  Hutto,  Jacobs,  Jamison,  Johnson  A., 
Kerr,  Lawson,  Leas,  Leonard,  Longmire,  Mayson,  Mask,  Mus- 
grove, Montgomery,  Moore,  Morgan,  Myers,  Mygatt,  Mc- 
Cutcken,  McKee,  McKnigkt,  Neilson,  Nelms,  Newsom,  Orr, 
Ozanne,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Powell, 
Quinn,  Railsback,  Stewart,  Stites,  Stovall,  Stringer,  Toy, 
Vaugkan,  Walker,  Weir,  Woodmansee,  and  Yeoman— 69. 

The  following  delegates  were  absent : 

Messrs.  Beams,  Bridges,  Castello,  Collins,  Dalton,  Elliott 
James,  Fawn,  Fitzkugh,  Hand}',  Johnson  S.,  Jones,  Lack, 
Miles,  Nesbitt,  Parsons  F.,  Phillips,  Richardson,  Smith,  Stiles, 
Town  send,  Watson,  Warren,  and  Williams — 24. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  Mr.  Warren  for  one  day; 
to  Mr.  Miles  for  five  days. 

Mr.  Clarke  moved  that  150  copies  of  the  Report  of  the  Judi- 
ciary Committee  be  printed; 

Which  was  carried. 

The  Legislative  Report  was  taken  up,  and  put  upon  its  third 
reading. 

Sections  1,  2,  3,  4,  5,  6,  and  7,  were  adopted  as  printed,  and 
reads  as  follows : 

LEGISLATIVE  DEPARTMENT. 

ARTICLE  3. 

Section.  1.  The  Legislative  power  of  tkis  State  shall  be 
vested  in  the  Legislature,  which  shall  consist  of  a  Senate  and 
House  of  Representatives, 


451 


Sec.  2.  The  House  of  Representatives  shall  consist  of  mem- 
bers to  "be  chosen  every  second  year  by  the  qualified  electors 
of  the  several  counties. 

Sec.  3.  No  person  shall  be  a  member  of  the  House  of  Repre- 
sentatives who  shall  not  be  an  elector  under  this  Constitution; 
and  who  shall  not,  at  the  time  of  his  election,  have  an 
actual  residence  in  the  district  he  may  be  chosen  to  represent. 

Sec.  4.  The  Senate  shall  consist  of  members  to  be  chosen 
every  four  years  by  qualified  electors  of  the  several  districts. 

Sec.  5.  No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained the  age  of  twent}T-five  years,  who  shall  not  have  been 
an  inhabitant  of  the  State  one  year,  and  who  shall  not  have  an 
actual  residence  in  the  district  he  may  be  chosen  to  represent. 

Sec.  6.  The  political  year  shall  begin  on  the  first  day  of  Jan- 
uary, and  the  Legislature  shall  meet  annually  on  the  first  Tues- 
day in  January,  at  the  seat  of  government,  unless  sooner 
convened  by  the  Governor,  until  altered  bylaw. 

Sec.  7.  All  general  elections  shall  be  by  ballot,  and  shall 
commence  and  be  holden  eveiy  two  }*ears,  on  the  first  Tuesday 
in  November,  until  altered  by  law;  and  the  electors,  in  all  cases 
except  in  cases  of  treason,  felony,  and  breach  of  the  peace, 
shall  be  privileged  from  arrest  during  their  attendance  on  elec- 
tions, and  in  going  to  and  returning  therefrom. 

The  Convention  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Weir,  of  Oktibbeha,  in  the  Chair,  for  the  consideration  of 
the  remaining  sections  of  the  Legislative  report. 

The  Committee  rose,  and,  through  their  Chairman,  reported 
the  following  sections  as  having  been  adopted  in  Committee; 
asked  the  concurrence  of  the  Convention,  and  leave  to  sit 
again. 

Report  agreed  to. 

The  sections  read  as  follows: 

Sec.  8.  Elections  for  members  of  the  Legislature  shall  be 
held  in  the  several  counties  and  districts. 

Sec.  9.  The  Governor  shall  issue  writs  of  election  to  fill  such 
vacancies  as  shall  occur  in  either  house  of  the  Legislature,  and 
the  persons  thereupon  chosen  shall  hold  their  seats  as  long  as 
those  in  whose  stead  they  are  elected  might  have  done  if  such 
vacancies  had  not  happened. 

Sec.  10.  No  person  holding  any  civil  office  of  profit  under 
this  State  or  the  UnLed  States,  shall  be  a  Senator  or  Repre- 
sentative. 

Sec.  11.  Each  house  shall  appoint  its  own  officers,  and  shall 
judge  of  the  qualifications,  returns  and  election  of  its  own 
members. 

Sec  12.  The  Senate  shall  choose  a  President  pro  tempore,  to 
act  in  the  absence  or  disability  of  the  Lieutenant  Governor. 

Sec.  13.  A  majority  of  each  house  shall  constitute  a  quorum 
to  do  business;  but  a  smaller  number  ma}' adjourn  from  day  to 
day,  and  compel  the  attendance  of  absent  members,  in  such 
manner,  and  under  such  penalties,  as  each  house  shall  provide. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the 


452 


other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting. 

Sec  15.  Each  house  may  determine  rules  of  its  own  proceed- 
ings, punish  its  members  for  disorderly  behavior;  and  with  the 
concurrence  of  two  thirds  of  the  members  present,  expel  a 
member;  but  no  member  shall  be  expelled  a  second  time  for  the 
same  offense.  They  shall  each,  from*  time  to  time,  publish  a 
Journal  of  the  proceedings,  except  such  parts  as  may,  in  their 
opinion,  require  secrecy,  and  the  yeas  and  nays  on  any  ques- 
tion shall  be.  entered  on  the  Journal  at  the  request  of  one-tenth 
of  the  members  present. 

Sec.  16.  The  doors  of  each  house,  when  in  session,  or  in 
Committee  of  the  Whole,  shall  be  kept  open,  except  in  cases 
which  may  require  secrec}r;  and  each  house  ma}^  punish,  by 
fine  and  imprisonment,  any  person  not  a  member,  who  shall  be 
guilty  of  disrespect  to  the  house,  by  any  disorderly  or 
contemptuous  behavior  in  their  presence,  or  in  any  way  disturb 
their  deliberations  during  the  session;  but  such  imprisonment 
shall  not  extend  beyond  the  final  adjournment  of  that  session. 

Sec.  17.  No  person  who  now  is,  or  shall  be  hereafter,  a  col- 
lector or  holder  of  public  money,  nor  any  assistant  or  deputy 
of  such  holder  or  collector  of  public  money,  shall  be  eligible 
to  a  seat  in  either  house  of  the  Legislature,  nor  to  any  office 
of  profit  or  trust,  until  he  shall  have  accounted  for  and  paid 
over  all  sums  for  which  he  may  have  been  liable. 

Sec.  18.  The  Legislature  shall  exclude  from  every  office  of 
trust  and  profit,  and  from  the  right  of  suffrage,  within  this 
State,  all  persons  convicted  of  bribery,  perjury,  or  other  infa- 
mous crimes. 

Sec  19.  every  person  who  shall  have  been  convicted  of  di- 
rectly or  indirectly  giving  or  offering  any  bribe  to  procure  his 
election  or  appointment,  and  any  person  who  shall  give  or  offer 
any  bribe  to  procure  the  election  or  appointment  of  any  person, 
shall,  on  conviction  thereof,  be  disqualified  from  being  an  elec- 
tor, or  holding  any  office  of  trust  or  profit  under  the  laws  of 
this  State, 

Sec.  20.  The  Senators  and  Kepresentatives  shall,  in  all  cases, 
except  treason,  felony,  or  breach  of  the  peace,  be  privileged 
from  arrest  during  the  session  of  the  Legislature,  and  for  fifteen 
days  before  the  commencement  and  after  the  termination  of 
each  session. 

Sec.  21.  The  members  of  the  Legislature  shall,  severally,  re- 
ceive from  the  public  Treasury  coin  pen  satien  for  their  services, 
which  maybe  increased  or  diminished;  but  no  alteration  of 
such  compensation  of  members  shall  take  effect  during  the  ses- 
sion at  which  it  is  made. 

Sec '22.  The  Legislature  shall  direct,  by  law,  in  what  courts, 
and  in  what  manner,  suits  may  be  commenced  against  the 
State. 

Sec  23.  The  Legislature  shall  not  have  power  to  pass  any 
bill  of  divorce;  but  may  prescribe,  by  law,  the  manner  in  which 


453 


cases  shall  be  investigated  in  the  courts  of  justice,  and  divorces 
granted. 

Sec.  24.  Bills  may  originate  in  either  house,  and  be  amended 
or  rejected  in  the  other;  and  every  bill  shall  be  read  on  three 
different  days,  in  each  house,  unless  two-thirds  of  the  house, 
where  the  same  is  pending,  shall  dispense  with  the  rules:  and 
every  bill  having  passed  both  houses,  shall  be  signed  by  the 
President  of  the  Senate  and  the  speaker  of  the  House  of  Rep- 
resentatives, in  open  session. 

Sec.  25.  Every  bill  which  shall  have  passed  both  houses, 
-hall  be  presented  to  the  Governor.  If  he  approves,  he  shall 
sign  it,  but  if  he  shall  not  approve,  he  shall  return  it  with  his 
objections  thereto,  to  the  house  in  which  it  shall  have  origi- 
nated, who  shall  enter  the  objections  at  large  upon  their  Jour- 
nal, and  proceed  to  reconsider  them.  It\  after  such  reconsid- 
eration, two-thirds  of  that  house  shall  agree  to  pass  the  bill,  it 
shall  be  sent  with  the  objections,  to  the  other  house,  by  which 
likewise,  it  shall  be  considered,  and  if  approved  by  two-thirds 
of  that  house,  it  shall  be  a  law;  but  in  such  cases  the  votes  of 
both  houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  persons  voting  for  or  against  the  bill,  shall  be  entered 
on  the  Journals  by  each  house  respectively.  If  any  bill  shall 
not  he  returned  by  the  Governor  within  five  days  (Sundays  ex- 
cepted), after  it  shall  have  been  presented  to  him,  it  shall  be  a 
law  in  like  manner  as  if  he  had  signed  it,  unless  the  Legislature, 
by  their  adjournment,  prevented  its  return,  in  which  case  it 
shall  be  a  law,  unless  sent  back  within  three  days  after  their 
next  meeting. 

Sec.  26.  Every  order,  resolution  or  vote,  to  which  the  con- 
currence of  both  houses  may  be  necessary  (except  on  ques- 
tions of  adjournment),  shall  be  presented  to  the  Governor,  and 
before  it  shall  take  effect,  be  approved  by  him,  or,  being  disap- 
proved, shall  be  repassed  by  two-thirds  of  both  houses,  accord- 
ing to  the  rules  of  limitation  prescribed  in  all  cases  of  a  bill. 

Sec.  27.  ]S^o  money  shall  be  drawn  from  the  Treasury  but  in 
consequence  of  appropriations  made  by  law. 

Sec.  28.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  but  two-thirds  of  the  members  must 
concur  therein.  All  impeachments  shall  be  tried  by  the  Sen- 
ate, and  when  sitting  for  that  purpose,  the  Senators  shall  be 
upon  oath  or  affirmation  to  do  justice  according  to  the  law  and 
evidence. 

Sec.  29.  The  Governor  and  all  other  civil  officers  under  this 
•State,  shall  be  liable  to  impeachment  for  treason,  bribery,  or 
any  high  crime  or  misdemeanor  in  office. 

Sec.  30.  When  the  Governor  shall  be  tried,  the  Chief  Justice 
of  the  High  Court  of  Errors  and  Appeals  shall  preside,  and  no 
person  shall  be  convicted  without  the  concurrence  of  two- thirds 
of  all  the  Senators. 

Sec.  31.  Judgment  in  such  cases  shall  not  extend  further 
than  removal  from  office,  and  disqualification  to  hold  any  office 
of  honor,  trust,  or  profit  under  this  .State;  but  the  party  con- 


454 


yicted  shall,  nevertheless,  be  subject  to  indictment,  trial,  judg- 
ment, and  punishment  according  to  law. 

Sec.  32.  For  reasonable  cause,  which  shall  not  be  sufficient 
ground  for  impeachment,  the  Governor  shall,  on  the  joint 
address  of  two-thirds  of  each  branch  of  the  Legislature, 
remove  from  office  the  Judges  of  the  Supreme  and  Inferior 
Courts;  Provided,  The  cause  or  causes  of  removal  be  spread 
on  the  Journal,  and  the  party  charged  be  notified  of  the  same 
before  the  vote  is  finally  taken  and  decided,  and  shall  have  an 
opportunity  to  be  heard  by  himself  or  counsel,  or  both. 

Sec.  33.  The  style  of  the  laws  of  the  State  shall  be,  "Be  it 
enacted  by  the  Legislature  of  the  State  of  Mississippi." 

Sec.  34.  The  Legislature  shall  provide  for  the  enumeration 
of  the  whole  number  of  inhabitants,  and  of  the  qualified  elec- 
tors of  the  State,  once  in  every  ten  years;  and  the  first  enu- 
meration shall  be  ordered  at  the  first  meeting  of  the  Legislature 
under  this  Constitution. 

Sec  35.  The  number  of  representatives  shall,  at  the  several 
periods  of  making  such  enumeration,  be  apportioned  among 
the  several  counties,  or  districts,  according  to  the  number  of 
qualified  electors  in  each,  and  shall  not  be  less  than  one  hun- 
dred, nor  more  than  one  hundred  and  twenty. 

On  motion,  the  Convention  adjourned  until  3  o'clock  p.  m, 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Bonney,  Bridges,  Brinson,  Caldwell,  Chapman,  Combash,  Con- 
ie}^,  Cunningham,  Dowel,  Elliott  John,  Fawn,  Field,  Gaither, 
Gibbs,  Goss,  Gray,  Handy,  Hauser,  Herbert,  Howe,  Holland, 
Hutto,  Jacobs,  Jamison,  Johnson  A.,  Lawson,  Leas,  Leonard, 
Longmire,  Mayson,  Mask,  Musgrove,  Montgomery,  Moo:  e, 
Myers,  Mygatt,  McCutchen,  McKee,  McKnight,  Nelms,  Orr7 
Ozanne,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Powell, 
Quinn,  Railsback,  Stewart,  Stites,  Stovall,  Stringer,  Stiles, 
Toy,  Vaughan,  Walker,  Weir,  Woodmansee,  and  Yeoman — 64. 

The  following  delegates  were  absent: 

Messrs.  Beam,  Castello,  Chappell,  Clarke,  Collins,  Compton, 
Dalton,  Drane,  Elliott  James,  Fitzhugh,  Hemmingway,  John- 
son S.,  Jones,  Kerr,  Lack,  Miles,  Morgan,  Neilson,  Nesbitt, 
Newsom,  Parsons  F..  Phillips,  Rainey,  Richardson,  Smith, 
Townsencl,  Watson,  Warren,  and  Williams — 29. 

Mr.  Alderson  moved  to  suspend  the  rules  to  take  action  on 
the  report  of  the  special  committee  on  tax  ordinance; 

Which  was  lost. 

The  Convention  resumed  the  consideration  of  the  Legislative 
report. 

Mr.  Barry  moved  to  reconsider  the  action  adopting  the 


455 


report  of  the  Committee  of  the  Whole,  so  far  as  relates  to  sec- 
tion 15; 

Which  was  carried. 

Mr.  Barry  moved  that  the  Convention  go  into  the  Committee 
of  the  Whole  for  the  consideration  of  the  Legislative  report; 
Which  was  carried. 

The  Convention  went  into  the  Committee  of  the  Whole,  and 
after  certain  action  had  therein,  rose,  and  through  their  chair- 
man, Mr.  Field,  reported  their  action  as  follows,  and  recom- 
mended its  adoption : 

Amend  section  15  by  adding  the  following  proviso: 

Provided,  That  the  yeas  and  nays  shall  alwaj^s  be  entered  on 
the  Journal  on  the  passage  of  a  bill  appropriating  money. 

The  committee  further  recommend  the  adoption  of  sections 
36  and  37  as  printed,  which  read  as  follows: 

Sec.  36.  The  number  of  Senators  shall,  upon  each  enumera- 
tion made,  be  apportioned  according  to  the  number  of  quali- 
fied electors  in  the  several  districts,  and  shall  never  be  less  than 
one-fourth,  nor  more  than  one-third  the  whole  number  of  Rep- 
resentatives. 

Sec.  37.  Until  the  first  enumeration  and  a  new  apportionment 
shall  be  made  as  provided  and  directed  in  this  Constitution,  the 
apportionment  of  Senators  and  Representatives  among  the 
several  counties  and  districts  in  the  State,  shall  be  as  follows; 

1st.  The  county  of  Warren,  five  Representatives. 
2d.  The  counties  of  Hinds  and  Lowndes,  each  four  Repre- 
sentatives. 

3d.  The  counties  of  Adams,  Carroll,  DeSoto,  Holmes,  Madi- 
son, Marshall,  Monroe,  Noxubee,  Washington,  and  Yazoo, 
each  three  Representatives. 

4th.  The  counties  of  Attala,  Chickasaw,  Choctaw,  Claiborne, 
Copiah,  Jefferson,  Lafayette,  Lauderdale.  Lee,  Oktibbeha, 
Panola,  Tippah,  Wilkinson,  Yalobusha,  Tishomingo,  and 
Rankin,  each  two  Representatives. 

5th,  The  counties  of  Amite,  Bolivar,  Calhoun,  Clarke. 
Franklin,  Issaquena,  Itawamba,  Jasper,  Kemper,  Lawrence, 
Leake,  Pontotoc,  Pike,  Sunflower,  Scott,  Tallahatchie,  Win- 
ston, Simpson,  Coahoma,  Tunica,  Newton,  Neshoba,  Coving- 
ton, Smith,  Wayne,  Davis,  Greene,  Jackson,  Hancock,  Marion, 
Harrison,  and  Perry,  each  one  Representative. 

Report  received  and  adopted. 

Mr.  McKee  moved  the  adoption  of  section  38  as  printed. 
Mr.  Musgrove  moved  to  adopt  section  38  as  amended  in  Com- 
mittee of  the  Whole. 

Mr.  McKee  moved  to  lay  the  motion  on  the  table ; 
Which  Wc  s  lost. 

Mr.  G-ibbs  moved  the  previous  question; 
Which  was  sustained. 

The  amendment  ot  Mr.  Musgrove  was  lost. 
And  the  motion  of  Mr.  McKee  was  adopted. 
And  section  38  reads  as  follows: 


456 


Section  38:  1st.  The  counties  of  Hancock,  Harrison,  Jackson, 
Marion,  Greene,  and  Peny,  shall  form  the  First  District,  and 
elect  one  Senator. 

2d.  The  counties  of  Wilkinson  and  Amite,  the  Second  Dis- 
trict, and  one  Senator. 

3d.  The  counties  of  Pike,  Lawrence,  and  Covington,  the 
Third  District,  and  one  Senator. 

4th.  The  county  of  Adams,  the  Fourth  District,  and  one 
Senator. 

5th.  The  counties  of  Franklin,  and  Jefferson,  the  Fifth  Dis- 
trict, and  one  Senator. 

6th.  The  counties  of  Claiborne  and  Copiah,  the  Sixth.  Dis- 
trict, and  one  Senator. 

7th.  The  counties  of  Warren  and  Issaquena,  the  Seventh 
District,  and  two  Senators. 

8th.  The  counties  of  Hinds,  Rankin,  and  Simpson,  the  Eighth 
District,  and  two  Senators. 

9th.  The  counties  of  Davis,  Jasper,  Clarke,  and  Wayne,  the 
Ninth  District,  and  one  Senator. 

10th.  The  counties  of  Lauderdale  and  Kemper,  the  Tenth  Dis- 
trict, and  one  Senator. 

11th.  The  counties  of  Newton,  Smith,  and  Scott,  the  Eleventh 
District,  and  one  Senator. 

12th.  The  county  of  Madison,  the  Twelfth  District,  and  one 
Senator. 

13th.  The  county  of  Yazoo,  the  Thirteenth  District,  and  one 
Senator. 

14th.  The  counties  of  Washington  and  Sunflower,  the  Four- 
teenth I)istrict.  and  one  Senator. 

15th.  The  county  of  Holmes,  the  Fifteenth  District,  and  one 

Senator. 

16th.  The  counties  of  Attala,  Leake,  and  Neshoba,  the  Six- 
teenth District,  and  one  Senator. 

17th.  The  county  of  Noxubee,  the  Seventeenth  District  and 
one  Senator. 

18th.  The  counties  of  Lowndes  and  Oktibbeha,  the  Eighteenth 
District,  and  two  Senators. 

19th.  Hie  counties  of  Choctaw  and  Winston,  the  Nineteenth 
District,  and  one  Senator. 

20th.  The  county  of  Carroll,  the  Twentieth  District,  and  one 
Senator. 

21st.  The  counties  of  Calhoun  and  Yalobusha,  the  Twenty- 
first  District,  and  one  Senator. 

22d.  The  counties  of  Chickasaw  and  Monroe,  the  Twenty- 
second  District,  and  two  Senators. 

23d.  The  counties  of  Bolivar,  Coahoma,  and  Tunica,  the 
Twenty-third  District,  and  one  Senator. 

24th.  The  counties  of  Panola  and  Tallahatchie,  the  Twenty- 
fourth  District,  and  one  Senator. 

25th.  The  county  of  DeSoto,  the  Twenty-fifth  District,  and 
one  Senator. 


457 


26th.  The  county  of  Marshall,  the  Twenty-sixth  District, 
and  one  Senator. 

27th.  The  counties  of  Lafayette  and  Pontotoc,  the  Twenty- 
seventh  District,  and  one  Senator. 

28th.  The  counties  of  Tishomingo  and  Itawamba,  the  Twenty- 
eighth  District,  and  one  Senator. 

29th.  The.  counties  of  Tippah  and  Lee,  the  Twenty-ninth 
District,  and  one  Senator. 

Section  39  was  adopted  as  printed,  and  reads  as  follows: 

Sec.  39.  The  Senators,  on  being  convened  in  consequence  of 
the  first  election,  shall  be  divided,  by  lot,  from  their  respective 
districts,  into  two  classes,  as  nearly  equal  as  can  be,  and  the 
seats  of  the  first  class  shall  be  vacated  at  the  expiration  of  the 
second  year. 

Section  40  was  adopted  as  printed,  and  reads  as  follows : 
Sec.  40.  The  Legislature  shall  provide  for  the  organization 
of  new  counties,  locating  county  seats,  and  changing  county 
lines;  but  no  county  shall  be  organized,  nor  the  lines  of  any 
county  changed  so  as  to  include  an  area  of  less  than  four  hun- 
dred, nor  more  than  six  hundred  and  twenty-five  square  miles. 
Section  41  was  adopted  as  printed,  and  reads  as  follows: 
Sec.  41.  Xo  Senator  or  Representative,  during  the  term  for 
which  he  was  elected,  shall  be  appointed  to  an}-  office  of  profit 
under  this  State,  which  shall  have  been  created,  or  the  emolu- 
ments of  which  have  been  increased  during  the  time  such 
Senator  or  Representative  was  in  office,  except  to  such  offices 
as  may  be  filled  by  an  election  of  the  people. 
Section  42  was  lost. 

Mr.  Cunningham  moved  to  adopt  the  report  as  a  whole,  upon 
its  third  reading,  and  refer  it  to  the  committee  on  Form  and 
Arrangement; 

Which  was  carried. 

Convention  adjourned  until  to-morrow  morning,  at  9  o'clock. 

T.  P7  Sears, 

Secretary. 


SEVENTY-FIFTH  DAY. 

Jackson,  Miss.,  Thursday,  April  2d.  1S6S. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard.  Barry, 
Bonney,  Brinson,  Caldwell,  Chapman,  Chappell,  Clarke,  Corn- 
bash.  Conley.  Cunningham,  Dowd,  Elliott  John,  Fawn,  Field, 
Gaither.  Gibbs.  Goss.  Gray,  Handy,  Hauser,  Hemmingway, 


458 


Herbert,  Howe,  Holland,  Hutto,  Jacobs,  Jamison,  Johnson 
A.,  Lawson,  Leas,  Leonard,  Longmire,  Mayson,  Mask,  Mus- 
grove,  Montgomery,  Morgan,  Myers,  Mygatt,  McCutchen, 
McKee,  McKnight,  Neilson,  Nelms,  Nesbitt,  Newsom,  Orr, 
Ozanne,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Phillips, 
Powell,  Quinn,  Railsback,  Stewart,  Stites,  Stovall,  Stringer,  Toy, 
Vanghan,  Walker,  Warren,  Weir,  Woodmansee,  Yeoman — 71. 
The  following  delegates  were  absent: 

Messrs.  Beam,  Bridges,  Castello,  Collins,  Compton,  Dalton, 
Drane,  Elliott  James,  Fitzhugh,  Johnson  S.,  Jones,  Kerr,  Lack, 
Miles,  Parsons  F.,  Rainey,  Richardson,  Smith,  Stiles,  Town- 
send,  Watson,  and  Williams — 22. 

Journal  of  yesterday  read  and  approved. 

Mr.  Alcorn  of  Yalobusha,  moved  to  suspend  the  rules,  to 
enable  him  to  introduce  a  resolution ; 

Which  was  carried. 

And  Mr.  Alcorn  introduced  the  following: 

JResolved,  That  hereafter  we  have  but  one  session  each  day, 
to  continue  from  9  o'clock,  a.  m.,  to  1  o'clock,  p.  m. 

Mr.  Alderson  moved  to  amend  as  follows : 

Hereafter,  this  Convention  shall  hold  but  one  session  each 
day,  and  shall  meet  at  9  o'clock,  a.  m.,  and  shall  not  adjourn 
before  1  o'clock,  p.  m. 

Mr.  Hutto  introduced  the  following,  as  an  amendment: 

Provided,  The  per  diem  of  each  delegate  to  this  Convention 
be  reduced  to  five  dollars  per  day,  for  the  remainder  of  the 
session. 

A  motion  to  table  the  above  was  carried,  by  the  following 

vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Brinson, 
Caldwell,  Chapman,  Combash,  Elliott  John,  Fawn,  Gibbs,  Han- 
dy, Hauser,  Herbert,  Holland,  Jacobs,  Jamison,  Johnson  A., 
Lawson,  Leas,  Morgan,  Myers,  Mygatt,  McKnight,  Newsom, 
Orr,  Ozanne,  Parsons  J.  R.,  Peyton  E.  A.,  Powell,  Stewart, 
Stites,  Stovall,  Stringer,  Toy,  Vaughan,  and  Woodmansee — 37. 

Nays — Messrs.  Ballard,  Conley,  Cunningham,  Dowd,  Gaither, 
Goss,  Gray,  Hemmingway,  Howe,  Hutto,  Mayson,  Mask,  Mus- 
grove,  Montgomeiy,  McCutchen,  McKee,  Neilson,  Nelms,  Pe}~- 
ton  E.  G.,  Phillips,  Railsback,  Walker,  Warren,  Weir,  and  Yeo- 
man— 25. 

Mr.  HemmingAvay  offered  the  following,  as  an  amendment  to 
the  amendment: 

Provided,  That  the  Convention  meet  at  9  o'clock,  a.  m.,  and 
adjourn  at  8  o'clock,  p.  m. 

Previous  question  called;  call  sustained. 

And  the  amendment  to  the  amendment  was  lost; 
*  And  the  amendment  of  Mr.  Alderson  was  adopted,  by  the 
following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonne^y,  Brinson, 
Caldwell,  Chapman,  Combash,  Cunningham,  Dowd,  Fawn, 
Gibbs,  Goss,  Handy,  Hauser,  Herbert,  Holland,  Jacobs,  Jami- 
son, Johnson  A.,  Leas,  Morgan,  Myers,  Mygatt,  McKnight, 


459 


Newsom,  Orr,  Ozanne,  Peyton  E.  A.,  Peyton  E.  G..  Powell, 
Quinn,  Stewart.  Stites,  Toy.  Vaughan,  Weir,  Woodmansee, 
Yeoman — 39. 

Nays — Messrs.  Ballard.  Conley,  Elliott  John.  Gaitlier.  Hem- 
mingway,  Howe,  Hntto,  Lawson.  Longniire.  Mayson,  Mask. 
Musgrove,  Montgomery,  McCutchen,  McKee,  Neilson,  Nelins, 
Phillips.  Eailsbaek.  Walker.  "Warren — 21. 

And  the  resolution  of  Mr.  Alcorn,  as  amended,  was  lost,  by 
the  following  vote : 

Yeas — Messrs.  Alderson.  Alcorn.  Barry.  Bonney.  Brinson, 
Caldwell.  Chapman.  Combash.  Cunningham.  Dowel.  Fawn. 
Gibus.  Handy.  Hauser.  Herbert.  Holland.  Jacobs.  Jamison, 
Johnson  A..  Leas,  Leonard,  Morgan.  Myers.  Mygatt.  MeKnight. 
Xewsom.  Orr.  Ozanne.  Peyton  E.  A..  Peyton  E.  G,,  Powell. 
Quinn,  Stewart,  Stites,  Toy,  Yaughan.  Weir,  Woodmansee, 
Yeoman — 39. 

Nats — Messrs.  Ballard.  Conley,  Gaither.  Goss.  Hemming- 
way,  Howe.  Hutto.  Lawson.  Longmire.  Mayson.  Mask.  Mus- 
grove, Montgomery.  McCutchen,  McKee,  Neilson,  Xelms, 
Phillips.  Eailsbaek.  Warren — 20. 

The  Chair  ruled  that  a  two-thirds  rote  is  required  to  change 
a  rule  under  a  resolution. 

Mr.  Orr  appealed  from  the  decision  of  the  Chair. 

The  Chair  was  not  sustained,  and  the  resolution  of  Mr.  Al- 
corn declared  to  be  adopted. 

Mr.  Morgan  moved  to  reconsider  the  vote  just  taken  upon 
the  resolution  of  Mr.  Alcorn. 

Mr.  Orr  moved  to  indefinitely  postpone  the  motion  to  recon- 
sider. 

Mr.  Gibbs  moved  the  previous  question; 

Which  was  not  sustained;  and  the  subject  lies  over. 

To  the  President  and,  members  of  Constitutional  Convention: 

The  Select  Committee,  to  whom  was  referred  the  motion  of 
Mr.  Parsons,  of  Adams,  to  strike  from  the  Journal  or  this  Con- 
vention a  certain  resolution  therein  mentioned,  together  with 
all  the  proceedings  had  thereon:  and  to  whom  was  also  re- 
ferred a  proposition  offered  by  Mr.  Gaither,  of  Lee.  to  be  enti- 
tled M  an  ordinance  supplemental  to.  and  explanatory  of,  an 
ordinance  passed  by  this  Convention  on  the  27th  February. 
1S6S.  to  provide  for  the  levy  and  collection  of  a  special  tax  to  pay 
,  the  expenses  of  this  Convention,"  beg  leave  to  state  that  they, 
the  said  committee,  have  had  the  same  under  consideration, 
and  in  view  of  the  numerous  revenue  acts  and  supplemental 
acts  heretofore  passed  by  the  Legislature  of  this  State,  in  which 
there  are  included  numerous  subjects  of  taxation,  and  exemp- 
tions from  taxation  ;  and  inasmuch  as  a  serious  misunderstand- 
ing exists  as  to  what  are  legitimate  subjects  of  taxation  and 
what  is  exempt  therefrom,  and  in  order  to  invent  all  further 
confusion  upon  the  subject,  and  to  make  the  system  adopted  by 
this  Convention  uniform,  and  just  on  all  tax  payers  through- 


460- 


out  the  State,  your  committee  would  further  beg  leave  to  state 
that,  in  their  opinion,  the  motion  to  strike  from  the  Journal, 
etc.,  aforesaid,  ought  to  be  sustained;  and  they  recommend 
that  the  resolution  included  therein,  together  with  the  proceed- 
ings had  thereon,  be  stricken  from  the  Journal  accordingly; 
and  instead  of  the  proposed  ordinance  so  offered  as  aforesaid, 
your  committee  would  still  further  beg  leave  to  report  the  fol- 
lowing, to  be  entitled  an  ordinance  supplemental  to  the  afore- 
said ordinance  adopted  on  the  said  27th  day  of  February,  1868, 
and  recommend  its  adoption  by  this  Convention,  viz: 

Section  1.  Be  it  ordained  by  the  delegates  of  the  people  of  the 
State  of  Mississippi,  in  Convention  assembled,  That  any  per- 
son, being  a  house  keeper  or  head  of  family,  who  is  the  owner 
of  property,  real  and  personal,  not  worth,  at  a  fair  and  reason- 
able valuation,  more  than  the  sum  of  dollars,  including 

all  just  claims  against  solvent  debtors,  and  who  shall  make 
affidavit  to  the  same,  shall  in  nowise  be  subject  to  the  provis- 
ions of  the  aforesaid  ordinance,  so  as  aforesaid  adopted  on 
the  27th  day  of  February,  .1868;  and  the  property  so  included 
in  the  scope  of  said  valuation  and  affidavit,  shall  not  be  liable 
to  the  taxes  aforesaid  for  the  purpose  aforesaid;  but  that  all 
property,  real  and  personal,  within  this  State,  owned  by  an}^ 
person  who,  according  to  a  like  valuation,  is  worth  more  than 

said  sum  of    dollars,  shall  be  considered  and  held  by 

the  Sheriffs  and  Tax  Collectors  of  the  respective  counties  of 
this  State  as  being  clearly  and  fully  within  the  purview  and 
meaning  of  said  last  mentioned  ordinance;  and  it  shall  be  their 
duty,  respectively,  to  collect  the  taxes  thereon,  and  pay  the 
same  into  the  treasury  as  therein  required. 

Sec.  2.  Be  it  further  ordained,  That  the  affidavit  aforesaid 
may  be  made  before  the  Sheriff  and  Tax  Collector,  his  duly 
appointed  deputy,  or  any  other  lawful  officer  authorized  by 
law  to  administer  oaths.  And  if  any  affidavit  made  as  afore- 
said shall  contain  any  false  statement  therein,  the  party  so  as 
aforesaid  making  the  same,  shall  be  deemed  and  held  guilty  of 
the  odious  crime  of  perjury,  and  on  conviction  thereof,  before 
a  proper  tribunal,  shall  be  liable  lo  all  the  pains,  penalties,  and 
disabilities  thereunto  annexed,  and  shall  be  punished  accord- 
ingly. 

Sec  3.  Be  it  f  urther  ordained,  That  each  and  every  house- 
keeper or  head  of  a  family  in  this  State,  shall  be  entitled  to 
own  and  to  hold,  free  and  exempt  from  taxation  for  the  pur- 
pose of  defraying  the  expenses  of  this  Convention,  six  months' 
provisions  of  any  and  every  kind,  for  the  use  of  him  or  herself 
and  family,  including  hands  employed,  and  the  necessary  ani- 
mals used  in  gardening,  or  carrying  on  plantation  business; 
and  these  aforesaid  provisions,  together  with  the  property,  real 

and  personal,  not  worth  more  than  the  sum  of  dollars, 

according  to  the  valuation  provided  for  in  section  1  of  this 
ordinance,  and  embraced  in  the  affidavit  therein  required,  shall 
constitute  the  only  and  all  of  the  exemptions  from  taxation 
under  this  ordinance,  and  the  ordinance  to  which  this  is  sup- 
plementary. 


461 


Sec.  4.  Be  it  further  ordained.  That  if  any  Sheriff  and  Td.k 
Collector  shall  have  collected  any  tax  whatever  contrary  to 
the  provisions  of  this  ordinance,  he  shall,  on  demand,  refund 
the  same  to  the  proper  person  so  having  paid  the  same ;  and 
that  this  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  adoption. 

Res  p  ect fully  submitted, 

James  L.  Herbert. 

Chairman, 

MINORITY  REPORT. 

Waereas,  Doubts  have  arisen  as  to  the  true  construction  of 
the  Tax  Ordinance;  therefore,  be  it 

Besolved,  That  the  true  intent  and  meaning  thereof  is,  that 
personal  property  which  is  exempted  by  the  laws  in  force  on 
the  9th  of  January.  1861,  from  sale  under  execution,  and  from 
payment  of  taxes,  shall  not  be  taxed  under  the  second  section 
of  said  ordinance. 

Majority  and  minority  reports  received. 

Mr.  Cunningham,  of  Madison,  moved  to  adopt  the  minority 
report. 

Mr.  Musgrove.  of  Clarke,  submitted  the  following: 

Be  it  ordained,  by  the  people  of  the  State  of  Mississippi, 
in  Convention  assembled,  That  two  hundred  dollars  worth  of 
personal  property  belonging  to  the  head  of  each  family  in  this 
State,  be,  and  the  same  is  hereby  declared  exempt  from  taxation 
under  the  Tax  Ordinance  of  this  Convention,  passed  on  the 
27th  day  of  February,  1S6S. 

Mr.  Weir  moved  to  lay  the  whole  subject  on  the  table; 

Which  was  carried. 

Mr.  Alderson  moved  to  reconsider  the  vote  just  taken, 

Mr.  Orr  moved  the  previous  question; 

Which  was  sustained, 

And  the  motion  to  reconsider  was  lost. 

Mr.  Stiles  introduced  the  following: 

The  Legislature,  at  its  next  regular  session,  is  directed  to 
make  compensation  to  those  who  have  been  deprived  of  their 
rightful  inheritance  on  the  plea  that  they  possessed  no  herita- 
ble blood. 

Eeferred  to  the  committee  on  Legislative  Department. 

Mr.  Orr,  of  Harrison,  offered  the  following: 

Besolved,  That  the  proprietors  of  the  3fississip2)i  Pilot  be. 
and  are  hereby  authorized  to  publish  daily,  in  said  paper,  the 
official  proceedings  of  this  Convention,  commencing  with  the 
seventy-third  day,  to  be  paid  for  at  the  same  rate  allowed  the 
Official  Printer/ 

Mr.  Orr  moved  to  suspend  the  rules  to  take  action  on  the 
above  resolution. 

Mr.  Stovall  moved  to  amend  the  resolution  introduced,  by  Mr, 
Orr,  as  follows: 

Provided,  That  the  said  newspaper,  3fissi§si2J£>i  Pilot  be,  and 


462 


the  same  shall  be  the  Official  Journal  of  this  Convention  from 
and  after  the  second  day  of  April,  1868. 
A  motion  to  lay  on  the  table  was  lost. 

And  the  amendment  of  Mr.  Stovall  was  lost,  by  the  following 
vote : 

Yeas — Messrs.  Bonney,  Brinson,  Elliott  John,  Gibbs,  Gray, 
Hauser,  Nesbitt,  Stovall,  Stites,  and  To}^ — 10. 

Nays — Messrs.  AldersoD,  Alcorn,  Ballard,  Bany,  Caldwell, 
Chapman,  Clarke,  Combash,  Dowel,  Fawn,  Gaither,  Goss,  Handy, 
Hemmingway,  Herbert,  Holland,  Howe,  Hutto,  Jacobs,  Jamison, 
Johnson  A.,  Lawson,  Leonard,  Mayson,  Musgrove,  Montgomery, 
Mygatt,  McCatchen,  McKee,  McKnight,  Nelms,  Newsom,  Orr, 
Ozanne,  Peyton  E.  A.,  Pe}Tton  E.  G.,  Phillips,  Powell,  Quinn, 
Eailsback,  Stewart,  Stites,  Warren,  Weir,  Woodmansee,  and 
Yeoman — 46. 

And  the  resolution  of  Mr.  Orr  was  adopted,  by  the  following 
vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Brinson, 
Caldwell,  Chapman,  Chappell,  Clarke,  Combash,  Dowel,  Elliott 
John,  Fawn,  Gibbs,  Handy,  Hauser,  Herbert,  Holland,  Howe, 
Jacobs,  Jamison,  Johnson  A.,  Lawson,  Leas,  Leonard,  Mayson, 
Musgrove,  Mygatt,  McKee,  McKnight,  Orr,  Ozanne,  Pej^ton  E. 
A.,  Peyton  E.  G.,  Powell,  Quinn,  Railsback,  Stewart,  Stites, 
Stringer,  LVy,  Warren,  Weir,  Woodmansee,  and  Yeoman — 45. 

Nays — -Messrs.  Ballard,  Gaither,  Goss,  Gra}r,  Hemmingway, 
Montgomery,  McCutchen,  Nelms,  Phillips,  Stovall,  Stiles — 1L 

Mr.  Phillips,  of  Tunica,  introduced  the  following  ordinance: 

Be  it  ordained  by  the  people  of  the  State  of  Mississsppi,  in 
Convention  assembled,  That  the  civil  disabilities  of  Edwin  J. 
Wendell,  a  minor,  of  Tunica  county,  be,  and  the  same  are. 
hereby  removed,  and  that  the  said  Edwin  J.  Wendell  be,  and  is 
hereb}^  authorized  to  contract,  sue  and  be  sued,  and  do  all 
other  acts  and  things  as  if  he  were  of  the  age  of  twenty-one 
years;  Provided,  He  shall  not  be  allowed  to  vote  or  hold  office 
during  his  minorit}T. 

Mr.  Herbert  moved  to  refer  the  above  to  the  J udiciary  Com- 
mittee. 

Mr.  Gibbs  moved  to  lay  the  motion  on  the  table ; 
Which  was  carried. 

Mr.  Stiles  moved  to  suspend  the  rules  and  put  the  ordinance 
upon  its  final  passage; 
Which  was  lost. 

Convention  adjourned  to  meet  at  9  o'clock  a.  m.,  to-morrow. 

T.  P.  Sears, 

Secretary. 


4  )  3 


SEVEXTY-SIXTH  DAY. 

Jackson.  Miss..  Friday,  April  3d,  1868. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson.  Alcorn,  Ballard,  Barry.  Bon- 
ney.  Brinson.  Caldwell,  Chapman,  Chappell,  Clarke.  Combash. 
Conley,  Cunningham.  Dowd,  Elliott  John.  Fawn,  G-aither. 
Gibbs,  G-oss,  Gray,  Handy,  Hauser,  Hemmingway,  Herbert. 
Holland,  Howe,  Hut-to.  Jacobs,  Jamison.  Johnson  A.,  Lack. 
Leas.  Leonard.  Longmire.  Mayson.  Mask.  Musgrove.  Mont- 
gomery. Morgan.  Mygatt,  McCutehen,  MeKee.  McKnight, 
ZNTelms.  Newsom,  Myers,  Orr.  Ozanne.  Parsons  J.  E.,  Pevton  E. 
A..  Pevton  E.  G..  Phillips,  Powell.  Quinn.  Eailsbaek.  Eiehard- 
son,  Stewart,  Stites,  Stovall,  Stringer.  Stiles.  Toy,  Vaughan. 
Warren.  Weir.  Williams,  Woodmansee.  and  Yeoman—  69. 

The  following  delegates  were  absent : 

Messrs.  Beam,  Bridges.  Castello,  Collins,  Compton,  Dalton, 
Drane,  Elliott  James,  Field.  Fitzhugh.  Johnson  S..  Jones.  Kerr, 
Lawson.  Moore.  Miles.  Neilson,  Nesbitt,  Parsons  F..  Rainey, 
Smith.  Townsend,  Walker,  and  Watson — 24. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  as  follows : 

To  Mr.  Field  for  one  week:  Mr.  Brinson  for  one  day:  Mr. 
Moore  for  one  day:  Mr.  Bridges  for  one  day;  Mr.  Fitzhugh 
for  one  day. 

The  Committee  on  Contingent  Expenses  made  the  following 
report : 

Mr.  President:  The  Committee  on  Contingent  Expenses 
would  respectfully  report  that  the  annexed  bill  lor  gas  is  cor- 
rect, and  would  recommend  the  same  to  be  allowed. 

Eespectfully. 

U.  Ozaxxe.  Chairman. 
W.  H.  Gibes. 
.   J.  Eailsback. 

S.    C.  COXLEY. 

J.  C.  Bkixsox.  Committee. 

April  2.  1S6S. 
Eeport  received. 

Eules  suspended,  account  allowed,  and  warrant  ordered  to  be 
drawn  in  payment  thereof. 

Constitutional  Co  n  vent  ion, 

To  Jackson  Gas  Light  Company,  Dr. 

To  Gas  consumed  in  the  month  of  March.  136S.  six 

(6,000)  thousand  cubic  feet  @  $3  00  per  thousand.  $48  00 


464 


Mr.  Peyton,  of  Copiah,  moved  to  suspend  the  rules,  to  put 
the  ordinance  introduced  by  Mr.  Phillips  yesterday  on  its  final 
passage ;  1 

Which  was  carried. 

Mr.  Chappell  moved  the  previous  question; 
Which  was  sustained. 

And  the  ordinance  was  passed,  and  reads  as  follows: 
Be  it  ordianed  by  the  people  of  the  State  of  Mississipiyi,  in 
Convention  assembled,  That  the  civil  disabilities  of  E.  J.  Wen- 
dell, a  minor,  of  Tunica  county,  be  and  the  same  are  hereby 
removed,  and  that  the  said  Edwin  J.  Wendell  be,  and  is  hereby 
authorized  to  contract,  sue  and  be  sued,  and  do  all  other  acts 
and  things,  as  if  he  were  of  the  age  of  twenty-one  yearrs; 
Provided,  He  shall  not  be  allowed  to  vote  or  hold  office  during 
his  minority. 

Mr.  Alderson  offered  the  following: 

Whereas,  The  Hon.  C.  P.  Neilson,  delegate  from  Amite, 
obtained  leave  of  absence  from  this  Convention  to  return  home 
on  business  of  importance;  and 

Whereas,  The  said  Neilson  remarked  at  the  time,  that  he 
would  claim  no  pay  while  absent;  and 

Whereas,  The  said  remark  was  placed  on  the  Journal,  so 
that  the  Convention  Auditor  does  not  feel  authorized  to  issue 
a  certificate  for  the  per  diem  of  the  said  Neilson  during  the 
time  he  was  thus  absent;  therefore,  be  it 

Besolved,  That  the  said  Neilson  be  authorized  to  receive  his 
regular  per  diem  for  the  time  he  was  absent,  as  other  members 
have  while  they  were  absent  on  similar  occasions;  and  the  said 
Auditor  be  fully  authorized  to  issue  a  certificate  for  that  pur- 
pose. 

On  motion,  the  rules  were  suspended,  that  immediate  action 
might  be  had  upon  the  same. 

Mr.  Morgan  moved  to  amend,  "  that  delegates  who'have  been 
absent  more  than  twenty  days,  be  included  in  the  resolution." 

Mr.  Gibbs  moved  to  amend,  "  that  Mr.  Herbert's  fine  of  one 
clay's  per  diem,"  be  remitted. 

Mr.  Newsom  moved  that  the  amendment  and  the  amendment 
thereto,  be  laid  on  the  table; 

Which  was  carried. 

Mr.  Newsom  moved  the  previous  question; 
Which  was  sustained. 

And  the  resolution  of  Mr.  Alderson  was  adopted,  by  the  fol- 
lowing vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Brinson, 
Caldwell,  Chapman,  Clarke,  Combash.  Compton,  Conley,  Cun- 
ningham, Dowel,  Elliott  John,  Gaither,  Gibbs,  Gray,  Hauser, 
Hemmingway,  Herbert,  Howe,  Hntto,  Lack,  Leas,  Leonard, 
Longmire,  May  son,  Mask,  Montgomery,  Myers,  McCutchen, 
McKee,  Nelms,  Nesbitt,  Newsom,  Orr,  Parsons  J.  R.,  Peyton 
E.  A.,  Peyton  E.  G.,  Phillips,  Powell,  Quinn,  Stewart,  Stites, 
Stringer,  Stiles,  Toy,  Woodmansee,  and  Yeoman— 50. 

Nays— Messrs.  Goss,  Handy,  Holland^  Jacobs,  Johnson  A., 


465 


Musgrove,  Morgan,  McKnight,  Ozanue,  Richardson,  Warren, 
Weir— 12. 

Mr.  Alclerson  offered  the  following: 

Resolved,  That  the  proceedings  of  yesterday  relating  to  Mr. 
Bonney,  be  stricken  from  the  Journal. 
Which  was  adopted. 

The  rules  were  suspended,  that  the  Convention  might  pro- 
ceed to  consider  the  report  of  the  committee  on  Ordinance  and 
Schedule. 

The  report  was  read  the  first  time. 

The  minority  report  by  Mr.  Weir,  from  the  committee  on 
Relief,  was  taken  up  for  consideration,  and  read  the  first  time 
and  passed  to  its  second  reading. 

Mr.  Weir  moved  that  the  rules  be  suspended  and  the  report 
put  on  its  second  reading. 

Mr.  Stringer  moved  the  previous  question ; 

Which  was  not  sustained. 

And  the  subject  lies  over. 

The  following  communication  was  received: 

Jackson,  Miss.,  April  3d,  1868. 

Hon.  B.  B.  Eggleston,  President  Constitutional  Convention  : 

Sir — The  citizens  of  Jackson  desire  the  use  of  the  Repre- 
sentative- Hall  to-night,  for  a  public  meeting,  and  will  esteem  it 
a  great  favor  to  have  the  consent  of  the  Convention  for  that 
purpose.  It  would  oblige  us  to  know  your  determination  at 
once,  if  convenient. 

We  have  the  honor  to  be  your  ob't  sv'ts, 

J.  D.  Freeman, 
T.  J.  Wharton, 
W.  F.  Fitzgerald. 
Wm.  M.  Swann, 

Committee. 

The  request  contained  therein  was  granted,  and  Mr.  Herbert 
appointed  chairman  of  committee  to  notify  the  gentlemen  of 
the  action  of  the  Convention. 

The  Convention  took  up  the  report  of  the  majority  of  the 
committee  on  Relief,  and  it  was  read  the  first  time. 

Mr.  Combash  moved  to  suspend  the  rules  to  enable  Mr. 
McKee  to  introduce  a  resolution.  . 

Mr.  Cunningham  moved  the  previous  question; 

Iso  quorum  voting,  it  was  not  sustained. 

And  the  motion  lies  over. 

Mr.  Cunningham  moved  to  suspend  the  rules  to  permit  the 
introduction  of  a  resolution. 

Rules  suspended,  and  Mr.  McKee  offered  the  following,  in 
reference  to  relief : 

Resolved,  That  the  next  Legislature  shall  have  power  to 
repeal  statutes  of  limitations,  pass  relief,  stay  injunctions,  in- 
solvent and  homestead  laws,  and  to  pass  any  and  every  act 
C— 30 


466  , 


deemed  necessary  for  the  relief  of  debtors,  subject  only  to  the 
restrictions  imposed  by  the  Constitution  of  the  United  States. 

Mr.  Longmire  moved  to  amend  as  follows: 

Provided,  That  said  Legislature  shall  never  allow  or  enact 
&x\y  law  allowing  any  species  of  property  exempt  from  execu- 
tion on  and  after  its  action  thereon; 

Which  was  laid  on  the  table. 

Mr.  Cunningham  moved  that  the  resolution  of  Mr.  McKee 
be  printed,  and  made  the  special  order  for  Monday  next, 
together  with  the  majority  report  upon  the  same  subject; 

Which  was  carried. 

The  following  communication  was  received: 

Jackson,  Miss.,  April  2d,  1868. 

Hon.  B.  B.  Pggleston,  President  Constitutional  Convention: 

Sir— I  have  been  directed  by  the  Immigration  Convention  to 
inform  your  body  of  the  passage  of  the  following  resolution, 
viz :  * 
liesolved,  That  the  thanks  of  the  Immigration  Convention 
are  tendered  to  the  Constitutional  Convention  for  the  courteous 
manner  in  which  they  have  offered  the  use  of  their  hall,  and 
other  facilities  they  have  given  to  this  body. 

Very  respectfully, 

Wm.  W.  Porter, 

Secretary. 

Mr.  Musgrove  moved  to  receive  the  communication  and 
spread  it  upon  the  Journal. 

Mr.  Cunningham  moved  the  previous  question ; 

Which  was  sustained;  and  the  motion  was  carried,  by  the 
following  vote : 

Yeas —Messrs.  Alderson,  Alcorn,  Barry,  Brinson,  Clarke, 
Combash,  Con  ley,  Cunningham,  Dowd,  Fawn,  Gaither,  Goss, 
Gra}r,  Hauser,  Herbert,  Holland,  Howe,  Hutto,  Jacobs.  Lack, 
Leas,  Leonard,  Longmire,  Mask,  Musgrove,  Myers,  Mygatt, 
McCutchen,  McKee,  McKnight,  Nelms,  Newsom,  Orr,  Parsons 
J.  R,,  Peyton  E.  G.,  Powell,  Quinn,  Railsback,  Richardson, 
Stewart,  Stringer,  Stiles,  Warren,  Williams,  Woodmansee,  Yeo- 
man— 46. 

Nays — Messrs.  Bonney,  Caldwell,  Chapman,  Gibbs,  Handy. 
Johnson  A.,  Mayson,  Ozanne,  Peyton  E.  A. — 9. 

Mr.  Combash  moved  to  reconsider  the  vote  just  taken; 
Pending    the   consideration    of  which,    the  Convention 
adjourned  to  meet  to-morrow  morning,  at  9  o'clock. 

T.  P.  Sears, 

Secretary, 


467 


SEVENTY-SEVENTH  DAY. 

Jackson,  Miss.,  Saturday,  April  4th,  1S68. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Rev.  Mr.  Lack. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President.  Messrs.  Alderson,  Alcorn,  Ballard.  Barry. 
Bonney,  Bridges,  Caldwell,  Chapman,  Chappell,  Clarke.  Com- 
bash,  Conley.  Cunningham,  Dowel,  Drane,  Elliott  John,  Fawn, 
Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hanser,  Hemmingway, 
Herbert,  Holland,  Howe,  Hutto,  Jacobs,  Jamison,  Johnson  A., 
Lack,  Leas,  Leonard,  Longmire,  Mayson,  Mask.  Musgrove, 
Montgomery,  Moore.  Morgan.  Myers,  Mygatt.  MeCutchen, 
McKee,  McKnight,  Neilson,  Nelms,  Nesbitt,  Newsom,  Orr, 
Ozanne,  Parsons  J.  R..  Peyton  E.  A.,  Peyton  E.  G..  Phillips, 
Powell,  Quinn,  Railsback,  Richardson,  Stewart,  Stites,  Stovall, 
Stringer,  Stiles,  Toy,  Vaughan,  Warren,  Weir,  Williams,  and 
Yeoman — 72. 

The  following  delegates  were  absent: 

Messrs.  Beam.  Brinson,  Castello,  Collins,  Compton.  Dalton. 
Elliott  James,  Field,  Fitzhugh,  Johnson  S..  Jones,  Kerr.  Law- 
sod,  Miles,  Parsons  F..  Rainey,  Smith,  Townsend,  Walker. 
Watson,  Woodmansee — 21. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  the  following  named  dele- 
gates, for  the  period  affixed  to  their  names: 

To  Mr.  Holland,  seven  days  from  Monday  next:  to  Mr. 
Cornpton,  seven  days  from  Monday  next;  to  Mr.  Lawson,  for 
three  days. 

Committee  on  Enrollment  reported  as  follows : 

To  the  President  and  members  of  Constitutional  Convention: 

Your  committee  on  Enrollment  have  examined  an  ordinance 
passed  for  the  relief  of  Edwin  J.  Wendell,  and  have  instructed 
me  to  report  that  they  find  it  correctly  enrolled. 

James  Weir. 

Chairman. 

W.  B.  Cunningham,  and  others. 

Committee. 

Report  reeeived. 

Committee  on  Contingent  Expenses  reported  the  following: 

To  the  Hon.  President  and  Jlembers  of  the  Convention  : 

The  committee  on  Contingent  Expenses,  to  whom  was  re- 
ferred the  annexed  bills,  would  respectfully  report  that  they 


468 

have  investigated  said  bills,  and  believing  they  are  correct, 
would  recommend  that  they  be  allowed. 

Respectfully, 

U.  OzANXE, 

Chairman. 

S.  C.  Conley, 
W.  H.  Gibbs, 
Jehiel  Railsback, 
Jno.  C.  Brinson, 

Committee. 

The  State  of  Ifississijtyi, 

To  John  IT.  Echols,  Esq.,  for  State  Convention, 


Bought  of  Eyrich  &  Co.,  7  quires  full  bound  blank.  .  $7  00 
Four  quires  half  bound  blank   3  00 


Total   $10  00 

Discount  of  Warrants  .  ...................  $250 


Total...   $12  50 

Received  ten  dollars  cash  for  above. 

Eyrich  &  Co. 

State  of  Mississippi, 

To  JST.  G.  Gill,  Dr. 

To  20  copies  Vicksburg  Times,  daily,  25  days  during 

month  of  March    $25  00 

To  6  copies  Vicksburg  Herald,  daily,  from  March  16th 

to  March  31st   3  60 

To  6  copies  New  Orleans  Republican  daily,  from  Jan- 
uary 20th,  to  March  31st   18  00 


Total   $46  60 

Mississippi  State  Convention, 

To  Clarion  Office,  Dr. 

April  3d,  1868. 

To  200  copies  daily,  for  four  weeks,  ending  March  29, 

being  $60  per  weeks,  or  five  cents  per  copy   $240  00 

To  170  copies  daily,  for  one  week,  ending  April  4th, 

1868   51  00 

To  one  book  of  Convention   Warrants,  Lithograph 

print   60  00 

To  one  book  Receipt  Warrants  (750  receipts)  printing, 

ruling  and  binding,  for  Convention  tax.  ........      35  00 


469 


To  one  book  for  Auditor,  being  statement  of  receipt 

warrants  issued,  printing,  ruling,  and  binding.  .  .      16  00 

To  one  book  for  Auditor,  being  disbursements  on  ac- 
count of  Convention,  printing,  ruling,  and  binding     16  00 

Total   $418  00 

Hall  Constitutional  Convention,) 
Jackson,  Miss.,  April  35  1868.  [ 

Received  ef  Power  &  Barksdale  the  papers 'charged  for  in 
foregoing  account. 

Nelson  G.  Gill, 
Sergeant-at-Arms. 

Auditor's  Office,  Jackson,  Miss.,) 
April  3,  1868  j 

Received  of  Power  &  Barksdale  the  books  charged  for  in 
foregoing  account,  the  same  being  necessary  on  account  of  Con- 
tention tax. 

Thomas  T.  Swann, 
Auditor  of  Public  Accounts. 

Mr.  President  :  The  bill  annexed  to  this  report,  referred  to 
the  committee  on  Contingent  Expenses,  has  been  duly  investi- 
gated, and  found  correct  as  far  as  the  number  of  copies  delivered 
is  concerned.  Your  committee  would,  therefore,  recommend 
that  five  cents  per  copy,  instead  of  ten  cents,  as  charged  in  the 
bill,  be  allowed 

Bespectfully, 

U.  Ozanne, 

Chairman. 

S.   C.  CONLEY, 
W.  H.  GlBBS, 

J.  Railsback, 
Jno.  C.  Brinson. 

Committee. 

Mississippi  Constitutional  Convention, 

To  J.  M.  Smith,  Dr. 

To  1,700  copies  of  the  Weekly  and  Semi-Weekly 

Chronicle,  at  10  cents  per  copy   $170  00 

Report  received. 

And  unda*  a  suspension  of  the  rules,  warrants  were  directed 
to  be  drawn  in  payment  therefor  as  per  recommendation  of 
committee. 

The  rules  were  suspended  to  enable  Mr.  Hemmingway  to 
introduce  the  following  account: 


470 


The  Constitutional  Convention, 

To  Thomas  T.  Swann,  Auditor  of  Public  Accounts,  Dr. 

January,  1868. 
To  14  cords  wood  purchased  by  me  for  State  Capitol, 

and  used  by  Convention,  at  $6  00  per  cord   $84  00 

Paid  for  cutting  same  „   14  00 


$98  00 

The  account  received  and  warrant  ordered  to  be  drawn  in 
payment  therefor. 

The  rules  were  suspended,  and  the  Convention  took  up  the 
Judiciary  Report,  and  it  was  put  upon  its  third  reading  from 
and  including  the  16th  section: 

Section  16  was  adopted. 

Section  17  was  adopted. 

Section  18  was  adopted. 

Section  19  was  adopted. 

Section  20  was  adopted. 

Section  21 : 

Mr.  Alderson  moved  that  the  Convention  go  into  Committee 
of  the  Whole  for  the  consideration  of  the  section; 
Which  was  lost. 
Section  21  was  adopted. 
Section  22  was  adopted. 
Section  23  was  adopted. 
Section  24  was  adopted. 
Section  25  was  adopted. 
Section  26  was  adopted. 
Section  27  was  adopted. 
Section  28  was  adopted. 

Mr.  E.  G.  Peyton  moved  to  adopt  as  a  whole,  and  refer  to 
the  committee  on  Form  and  Arrangement; 
Which  was  carried. 
The  report  as  passed  reads  as  follows : 

Section  1.  The  judicial  power  of  this  State  shall  be  vested 
in  one  High  Court  of  Errors  and  Appeals,  and  such  other 
courts  of  law  and  equity  as  are  hereafter  provided  for  in  this 
Constitution. 

,  Sec.  2.  The  High  Court  of  Errors  and  Appeals  shall  consist 
of  three  Judges,  any  two  of  whom,  when  convened,  shall  form 
a  quorum.  The  Legislature  shall  divide  the  State  into  three 
Districts,  and  the  Governor,  by  and  with  the  advice  and  con  - 
sent of  the  Senate,  shall  appoint  one  Judge  for  each  District. 

Sec.  3.  The  office  of  one  of  said  Judges  shall  be  vacated  in 
three  years,  one  in  six  years,  and  one  in  nine  years,  so  that  at 
the  expiration  of  every  three  years,  one  of  said  J udges  shall  be 
appointed  as  aforesaid.  The  term  of  office  of  the  Judges  of 
the  High  Court  of  Errors  and  Appeals  shall  be  nine  years. 

Sec.  4.  The  High  Court  of  Errors  and  Appeals  shall  have  no 
jurisdiction  but  such  as  properly  belongs  to  a  court  of  errors 
and  appeals. 


471 


Sec.  5.  All  vacancies  which  may  occur  in  said  Court,  from 
death,  resignation,  or  removal,  shall  be  filled  by  appointment, 
as  aforesaid;  Provided,  however,  That  if  a  vacancy  shall  occur 
during  the  recess  of  the  Legislature,  the  Governor  shall  ap^ 
point  a  successor,  who  shall  hold  his  office  till  the  next  meet- 
ing of  the  Legislature. 

Sec.  6.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  High  Court  of  Errors  and  Appeals  who  shall  not  have 
attained  the  age  of  thirty  years  at  the  time  of  his  appoint- 
ment, and  who  shall  not  have  been  lor  two  years  immediately 
preceding,  a  citizen  of  the  State,  and  six  months  a  resident  of 
the  district  for  which  he  shall  be  appointed. 

Sec.  7.  The  High  Court  of  Errors  and  Appeals  shall  be  held 
twice  in  each  year,  at  the  seat  of  Government,  at  such  times  as 
the  Legislature  may  prescribe. 

Sec.  8.  Immediately  upon  the  first  appointment  of  Judges, 
as  aforesaid,  the  Governor,  in  the  presence  of,  and  T»ith  the 
assistance  of  ?he  President  of  the  Senate  and  Secretary  of 
State,  shall  determine  by  lot,  which  of  said  Judges  shall  serve 
for  the  term  of  three  years,  and  which  shall  serve  for  the  term 
of  six  years,  and  which  shall  serve  for  the  term  of  nine  years: 
and  it  shall  be  the  duty  of  the  Governor  to  issue  commissions 
accordingly. 

Sec.  9.  No  Judge  of  said  Court  shall  sit  on  the  trial  of  any 
cause  where  the  parties,  or  either  of  them,  shall  be  connected 
with  him  by  affinity  or  consanguinity,  or  where  he  may  be 
interested  in  the  same,  except  by  the  consent  of  the  Judges  and 
of  the  parties,  and  whenever  a  quorum  of  said  Court  are  situ- 
ated as  aforesaid,  the  Governor  of  the  State  shall,  in  such 
cases,  specially  commission  two  or  more  men  of  law  knowledge 
for  the  determination  thereof. 

Sec.  10.  The  Judges  of  said  Court  shall  receive  for  their  ser- 
vices a  compensation  to  be  fixed  by  law,  which  shall  not  be 
diminished  during  their  continuance  in  office. 

Sec  11.  The  Judges  of  the  Circuit  Court  shall  be  appointed 
by  the  Governor,  with  the  advice  and  consent  of  the  Senate, 
and  shall  hold  their  offices  for  the  term  of  six  years. 

Sec  12.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  Circuit  Court,  who  shall  not,  at  the  time  of  his  appoint- 
ment, have  attained  the  age  of  twenty-six  years,  and  shall  have 
been  two  3^ears  a  citizen  of  the  State,  and  six  months  an  inhab- 
itant of  the  district  for  which  he  may  have  been  appointed. 

Sec  13.  The  State  shall  be  divided  into  convenient  judicial 
districts,  and  each  district  shall  not  contain  more  than  five 
counties. 

Sec  14.  Circuit  Courts  shall  have  original  jurisdiction  in  all 
matters  civil  and  criminal,  in  this  State;  but  in  civil  cases  only 
when  the  principal  of  the  amount  in  controversy  exceeds  one 
hundred  and  fifty  dollars. 

Sec  15.  A  Circuit  Court  shall  be  held  at  least  twice  in  each 
year,  and  the  Judges  of  said  Courts  may  interchange  circuits 
with  each  other,  in  such  manner  as  may  be  prescribed  by  law. 


472 


and  shall  receive  for  their  services  a  compensation  to  "be  fixed 
by  law,  which  shall  not  be  diminished  during  their  continuance 
in  office. 

Sec.  16.  Chancery  Courts  shall  be  established  in  each 
county  in  this  State,  with  full  jurisdiction  in  all  matters  of 
equity,  and  of  divorce  and  alimony;  the  Circuit  Court  Judge 
shall  be  the  Chancellor  of  these  Courts,  in  his  district,  and  the 
said  Chancery  Courts  shall  be  held  at  the  same  time  and  place 
that  the  Circuit  Courts  are  held. 

Sec.  17.  A  Probate  Court  shall  be  established,  with  jurisdic- 
tion in  matters  testamentary,  and  of  administration  in  minors7 
business  and  allotment  of  dower,  and  in  cases  of  idiocy, 
lunacy  and  persons  non  compos  mentis. 

Sec.  18.  The  Legislature  shall  divide  the  State  into  a  con- 
venient number  of  Probate  Districts,  to  be  composed  of  not 
more  than  four  counties.  The  Judges  of  Probate  Courts  shall 
be  appointed  in  the  same  manner  as  the  Judges  of  the  Circuit 
Courts.  Their  qualifications  shall  be  regulated  by  law,  and 
they  shall  hold  their  office  for  the  term  of  four  years.  They 
shall  hold  a  court  in  each  county  at  least  six  times  in  each 
year,  and  shall  receive  such  compensation  as  may  be  provided 
by  law. 

Sec.  19.  The  style  of  all  process  shall  be  "The  State  of 
Mississippi,"  and  all  prosecutions  shall  be  carried  on  in  the 
name  and  by  the  authority  of  the  State  of  Mississippi,  and 
shall  conclude  "  against  the  peace  and  dignity  of  the  same." 

Sec  20.  The  Clerk  of  the  High  Court  of  Errors  and  Appeals 
shall  be  appointed  by  said  court,  for  the  term  of  four  years, 
and  the  Clerk  of  the  Circuit  Court  and  the  Clerk  of  the  Pro- 
bate Court  shall  be  elected  by  the  qualified  voters  of  their 
several  counties,  and  shall  hold  their  office  for  the  term  of  two 
years.  The  Clerk  of  the  Circuit  Court  shall  be  the  Clerk  of 
the  Chancery  Court,  and  the  Legislature  shall  provide  by  law? 
what  duties  shall  be  performed  by  the  Clerks  of  the  Circuit 
and  Probate  Courts,  during  vacation,  subject  to  the  approval 
of  the  court. 

Sec.  21.  The  qualified  electors  of  each  county  shall  elect  five 
persons,  by  districts,  for  the  term  of  two  years,  who  shall 
constitute  a  Board  of  Police  for  each  county,  a  majority  of 
whom  may  transact  business,  which  body  shall  have  full  juris- 
diction over  roads,  ferries  and  bridges,  and  all  other  matters  of 
count}^  police,  and  shall  order  all  county  elections  to  fill 
vacancies  that  may  arise  in  the  offices  of  their  respective 
counties.  The  Clerk  of  the  Probate  Court  of  each  county 
shall  be  the  Clerk  of  such  Board  of  County  Police. 

Sec  22.  No  person  shall  be  eligible  as  a  member  of  said 
Board  who  shall  not  have  resided  one  year  in  the  county;  but 
this  qualification  shall  not  extend  to  such  new  counties  as  may 
hereafter  be  established,  until  one  year  after  their  organiza- 
tion, and  all  vacancies  that  may  occur  in  said  Board  shall  be 
supplied  by  election,  as  aforesaid,  for  the  unexpired  term. 

Sec  23.  The  Judges  of  all  the  courts  of  this  State,  and  also 


473 


the  members  of  the  Count}'  Police,  and  all  other  civil  officers, 
shall,  by  virtue  of  their  office,  be  conservators  of  the  peace, 
and  shall  be.  by  law,  vested  with  ample  powers  in  that  respect. 

Sec.  '2±.  A  competent  number  of  Justices  of  the  Peace  and 
Constables  shall  be  chosen  in  each  county,  by  the  qualified 
electors  thereof,  by  districts,  who  shall  hold  their  offices  for 
the  term  of  two  years.  The  jurisdiction  of  Justices  of  the  Peace 
shall  be  limited  to  causes  in  which  the  principal  of  the  amount- 
in  controversy  shall  not  exceed  the  sum  of  one  hundred  and 
fifty  dollars.  In  all  causes  tried  by  a  Justice  of  the  Peace,  the 
right  of  appeal  shall  be  secured,  under  such  rules  and  regula- 
tions as  shall  be  prescribed  by  law. 

Sec.  25.  The  Legislature  shall,  from  time  to  time,  establish 
such  other  inferior  courts  as  may  be  necessary,  and  abolish  the 
same  whenever  they  shall  deem  it  expedient. 

Sec.  26.  There  shall  be  an  Attorney  General  elected  by  the 
Qualified  electors  of  the  State,  and  a  competent  number  of 
District  Attorneys  shall  be  elected  by  the  qualified  electors  of. 
the  respective  districts,  whose  term  of  service  shall  be  for  four 
years,  and  whose  compensation  shall  be  prescribed  by  law. 

Sec  27.  The  Legislature  shall  provide,  by  law.  for  determin- 
ing contested  elections. 

Sec.  28.  Clerks,  Sheriffs,  and  other  county  officers,  for  wilful 
neglect  of  duty  or  misdemeanor  in  office,  shall  be  liable  to  pre- 
sentment or  indictment  by  a  grand  jury,  and  trial  by  petit 
jury,  and  upon  conviction  shall  be  removed  from  office. 

The  rules  were  suspended  to  take  up  the  ordinance  submitted 
by  the  committee  on  County  Boundaries. 

And  the  ordinance  was  read  and  passed  its  first  reading. 

Mr.  Leas  moved  to  suspend  the  rules  to  put  the  ordinance 
upon  its  second  reading  by  sections. 

Mr.  Stringer  moved  the  previous  question,  and  the  motion  of 
Mr.  Leas  was  earned. 

The  section  relating  to  Crawford  county  being  put  upon  its 
adoption,  Mr.  Weir,  of  Oktibbeha,  moved  that  the  considera- 
tion of  that  portion  of  the  ordinance  relating  to  Crawford 
county  be  postponed  until  Monday  next. 

Mr.  Hauser.  of  Kemper,  moved  to  lay  the  motion  of  Mr. 
Weir  on  the  table: 

Which  was  carried. 

Mr.  Morgan,  of  Yazoo,  moved  the  previous  question,  which 
was  sustained;  and  the  section  relating  to  Crawford  county 
was  adopted. 

The  section  relating  to  Columbia  and  Tishomingo  counties 
was  adopted. 

That  portion  relating  to  Culpepper  county  being  under  con- 
sideration. Mr.  Goss  moved  to  postpone  indefinitely  the  fur- 
ther consideration  af  the  same. 

Mr.  Xewsom  moved  that  a  call  of  the  Convention  be  had; 

Which  was  carried. 

And  upon  calling  the  roll,  a  quorum  was  found  to  be  present. 
And  the  motion  of  Mr.  Goss  was  carried,  by  the  following 
vote: 


474 


Yeas — Messrs.  Alderson,  Bonney,  Conley,  Dowd,  Gibbs, 
Goss,  Gray,  Handy,  Hauser,  Hutto,  Jacobs,  Lack,  Leas,  Leon- 
ard, Longmire,  Moore,  Myers,  Mygatt,  McKee,  Neilson,  New- 
som,  Peyton  E.  A.,  Peyton  E  G.,  Phillips,  Powell,  Railsback, 
Stewart,  Stringer,  Warren,  Weir,  and  Yeoman — 30. 

Nays — Messrs.  Alcorn,  Ballard,  Bariy,  Bridges,  Chapman, 
Cunningham,  Elliott  John,  Howe,  Mayson,  Mask,  Musgrove, 
Montgomery,  Ozanne,  Eichardson,  Stovall,  Stiles,  and  Wil- 
liams— 18. 

And  the  section  fixing  the  line  between  Coahoma  and  Tunica 
counties  was  adopted. 

Mr.  Leas  moved  that  the  section  relating  to  Clay  county  lie 
oyer  until  Monday; 

Which  was  lost. 

No  quorum  voting. 

And  the  section  relating  to  Clay  county  was  taken  up; 

Mr.  Conley  offered  the  following  amendment: 

Strike  out  such  part  of  townships  twelve,  thirteen,  fourteen, 
fifteen,  and  sixteen,  range  5,  and  townships  twelve,  thirteen, 
fourteen,  and  fifteen,  range  four,  and  townships  fifteen  and  six- 
teen, range  6,  as  are  now  in  the  limits  of  Attala  county. 

Mr.  Montgomery  moved  to  table; 

Which  was  carried. 

Mi.  Conley  moved  to  amend  by  striking  out  sections  fifteen 
and  sixteen,  range  six,  where  it  occurs; 
Which  was  laid  on  the  table. 
Mr.  Conley  moved  to  amend  as  follows : 

" Provided,  That  that  portion  of  Attala  county  which  is  pro- 
posed by  this  ordinance  to  be  included  in  said  new  county  of 
CLtv,  shall  be  required  to  pay  its  proportion  of  the  present  debt 
of  Attala  county." 

Mr.  Montgomery  moved  to  table ; 

"Which  was  carried. 

And  the  section  relating  to  Clay  county  was  adopted. 
Mr.  Leas  moved  a  suspension  of  the  rules  that  the  ordinance 
might  be  put  upon  its  third  reading; 
Which  was  lost; 
No  quorum  voting. 

Pending  the  further  consideration  of  the  report,  the  Conven- 
tion adjourned  until  Monday  morning  at  9  o'clock. 

T.  P.  Sears, 

Secretary. 


SEVENTY-EIGHTH  DAY. 

Jackson,  Miss.,  Monday,  April  6th,  1808. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 


475 


Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Bonne}", 
Bridges,  Brinson,  Caldwell,  Chapman,  Chappell,  Clarke,  Com- 
bash,  Conley,  Cunningham,  Dowd,  Drane,  Elliott  John,  Fawn, 
Gaither,  Gibbs,  Goss,  Gray,  Hauser,  Hemmingway,  Herbert, 
Holland,  Howe,  Hutto,  Jamison,  Johnson  A.,  Lack,  Lawson, 
Leas,  Leonard,  Longmire,  Mask,  Musgrove,  Montgomery, 
Moore,  Morgan,  Myers,  McKee,  McKnight,  Neilson,  Neims, 
Nesbitt,  Newsom,  Orr,  Ozanne,  Parsons  J.  P.,  Peyton  E.  A., 
Pej'ton  E.  G.,  Phillips,  Powell,  Quinn,  Railsback,  Stewart, 
Stites,  Stovall,  Stringer,  Stiles,  Townsend,  T03",  Vaughan, 
Walker,  Warren,  Weir,  Yeoman — 68. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Beam,  Castello,  Collins,  Compton,  Dalton, 
Elliott  James,  Field,  Fitzhugh,  Handy,  Jacobs,  Johnson  S„ 
Jones,  Kerr,  Ma3'son,  Mygatt,  Miles,  McCutchen,  Parsons  F., 
Rainey,  Richardson,  Smith,  Watson,  Williams,  and  Woodman- 
see — 25. 

Journal  of  Saturday  read  and  approved. 

The  following  communication  was  received  from  the  Sheriff 
of  Oktibbeha  county : 

Sheriff's  Office,  Oktibbeha  County,  ) 
Starkville,  Miss.,  April  2d,  1868.  \ 

To  the  Hon.  President  and  Members  Constitutional  Convention: 

Gentlemen — The  Tax  Collector,  Mr.  Berry  Vick,  appointed 
by  the  Convention  to  collect  the  tax  of  Oktibbeha  county, 
under  an  ordinance  passed,  prior  to  an  ordinance  passed  Febru- 
ary 27th,  collected  one  hundred  and  ten  dollars  and  twent^y- 
five  cents,  nine  dollars  of  which  was  on  cotton;  eight  dollars 
and  seventy -five  cents  he  deducted  from  the  whole  amount 
collected  for  his  commissions. 

He  forwarded  to  the  Treasurer  of  the  Convention  one  hun- 
dred and  one  dollars  and  fifty  cents. 

It  was  all  collected  from  merchants  on  their  gross  sales, 
except  the  nine  dollars  collected  on  cotton,  as  above  stated; 
and  in  accordance  with  the  present  ordinance,  ought  to  be 
refunded.  I  wish  to  be  instructed  how  to  act  in  the  matter,  as 
I  cannot  collect  the  tax  under  the  present  ordinance  from  these 
merchants,  without  returning  the  money  collected  under  the 
former  ordinance. 

Very  respectfully, 

H.  C.  Powers, 
Sheriff  of  Oktibbeha  County,  Mississippi. 
Referred  to  the  committee  on  Finance. 

Leaves  of  absence  were  granted,  to  Mr.  McCutchen  for  three 
clays;  to  Mr.  Jones  for  ten  days;  to  Mr.  Smith  for  ten  days;  to 
Mr.  May  son  for  ten  days;  to  Mr.  Nelms  for  ten  days, 


478 


The  following  form,  from  the  Auditor  of  Public  Accounts, 
was  presented  by  Mr.  Herbert,  with  the  request  that  200  copies 
be  printed  for  the  use  of  the  Auditor: 

Office  of  Auditor  of  Public  Accounts,) 
Jackson,  Miss,   ,  1868.  j 

Sir — Your  favor  of  at  hand,  contents  noted,  my  con- 
struction of  the  Ordinance  of  the  Constitutional  Convention  is 
as  follows: 

The  first  section  of  the  Ordinance  levies  a  tax  of  fifty  per 
cent,  on  the  State  tax,  on  all  property  real  or  personal  assessed 
by  the  State  on  assessment  roll  of  1867. 

The  second  section  levies  a  special  tax  of  one-half  of 
one  per  cent,  on  the  value  of  all  property  consisting  of  stocks, 
goods,  etc.,  and  all  other  moveable  or  personal  property  of" 
every  kind  and  nature,  not  taxed  by  the  State,  gross  earnings 
of  lawyers,  doctors,  sales  of  merchandise,  license,  poll  taxes, 
etc.,  are  not  property,  and  are  exempt  from  Convention  tax. 

Your  best  method  would  be  to  assess  all  property  on  which 
a  tax  is  not  levied  by  the  State,  and  collect  one-half  of  one  per 
cent.  Convention  tax  on  value  thereof,  in  accordance  with  sec- 
tion 2  of  the  Ordinance,  and  on  all  property  assessed  by  the 
State  on  assessment  roll  of  1867,  collect  fifty  per  cent,  on  the 
State  tax,  in  accordance  with  section  first. 

Respectfully, 

Thos.  T.  Swann, 
Auditor  of  Public  Accounts. 

Received,  and  200  copies  ordered  printed  for  use  of  the  State 
Auditor. 

The  Committee  on  Ordinance  and  Schedule  made  the  follow- 
ing report : 

Mr.  President:  The  undersigned,  of  the  Committee  on  Or- 
dinance and  Schedule,  begs  leave  to  submit  the  following  minori- 
ty report. 

Respectfully, 

W.  T.  Combash. 

MODE  OF  REVISING  THE  CONSTITUTION. 

Whenever  two-thirds  of  each  branch  of  the  Legislature  shall 
deem  any  change,  alteration  or  amendment  necessary  to  this 
Constitution,  such  proposed  change,  alteration  or  amendment 
shall  be  read  and  passed  by  a  majority  of  two-thirds  of  each  house, 
respectively,  on  each  day,  for  three  several  days;  public  notice 
shall  then  be  given  by  the  Secretary  of  State,  at  least  three 
months  preceding  the  next  general  election,  at  which  the  qual- 
ified electors  shall  vote  directly  for  or  against  such  change, 
alteration  or  amendment;  and  if  it  shall  appear  that  a  majority 
of  the  qualified  electors,  voting  for  members  of  the  Legislature, 
shall  have  voted  for  the  proposed  change,  alteration,  or  amend- 
ment; then  it  shall  be  inserted  by  the  next  succeeding  Legisla- 
ture as  a  part  of  this  Constitution,  and  not  otherwise. 


477 


SCHEDULE, 

Section  1.  The  Ordinance  of  Secession  of  the  State  of  Mis- 
sissippi, passed  January  9th,  1SG1,  is  hereby  declared  to  be  null 
and  void.  The  so-called  Constitution,  adopted  in  1865,  and  all 
previous  Constitutions  framed  in  and  for  the  State  of  Missis- 
sippi, are  hereby  declared  to  be  repealed  and  annulled  by  this 
Constitution. 

Sec.  2.  All  laws  now  in  force  in  this  State,  not  repugnant  to 
this  Constitution,  shall  continue  in  operation  until  they  shall 
expire  by  their  own  limitation,  or  be  altered  or  repealed  by  the 
Legislature,  except  the  hereinafter  mentioned  laws,  to-wit: 
"  An  Act  to  change  the  name  of  the  county  of  Jones,  and  for 
other  purposes,"  approved  December  1,  1865.  "An  Act  to 
establish  a  ferry  across  the  Mississippi  at  Vicksburg,"  ap- 
proved November  29,  1865. 

Sec.  3.  The  Legislature  shall  provide  for  the  removal  of 
causes  now  pending  in  the  courts  of  this  State,  to  courts  cre- 
ated by  or  under  this  Constitution. 

ORDINANCE. 

Sec  4.  Immediately  upon  the  adjournment  of  this  Conven- 
tion, this  Constitution  shall  be  submitted  for  ratification  to  the 
registered  voters  of  the  State,  in  conformity  with  the  Act  of 
Congress,  passed  March  2, 1867,  entitled  "'An  Act  to  provide 
for  the  more  efficient  government  of  the  rebel  States,"  and  the 
Acts  supplementary  thereto. 

Sec  5.  The  election  for  the  ratification  of  this  Constitution, 

shall  be  held  on  the   days  of  ,  1868,  at  such 

places,  and  shall  continue  such  time  as  the  Commanding  Gen- 
eral of  the  Fourth  Militaiy  District  may  direct;  and  the  polls 
shall  be  kept  open  from  seven  o'clock,  a.  m.,  until  seven 
o'clock  p.  m.  At  said  election  all  those  in  favor  of  ratifying" 
the  Constitution  shall  have  written  or  printed  on  their  ballots, 
the  words,  "  For  Constitution,"  and  those  opposed  to  the  rati- 
fication of  the  same,  shall  have  written  or  printed  on  their 
ballots  the  words:  "  Against  the  Constitution  ;"  but  no  per- 
son shall  vote  for  or  against  this  Constitution  on  a  separate 
ballot  from  that  cast  by  him  for  officers  to  be  elected  at  said 
election  under  this  Constitution. 

Sec  6.  In  order  to  establish  a  civil  government  as  required 
by  the  Act  of  Congress,  approved  March  2d,  1867,  and  the 
Acts  supplementary  thereto,  an  election  shall  be  held  at  the 
same  time  and  place  at  which  the  Constitution  is  submitted 
for  ratification,  for  all  State  officers,  for  members  of  the 
Legislature,  and  for  Representatives  in  Congress;  at  which 
election  the  electors  who  are  qualified  under  the  Reconstruc- 
tion Acts  of  Congress  shall  vote,   and  none  others. 

Sec  7.  At  the  election  for  the  ratification  of  the  Constitu- 
tion, and  for  officers  of  the  civil  government,  all  registered 
electors  may  vote  in  any  county  where  they  have  resided  ten 


478 


days  next  preceding  said  election,  and  at  any  precinct  in  the 
county,  upon  presentation  of  their  certificates  of  registration, 
affidavit,  or  any  satisfactory  evidence  that  they  are  entitled  to 
vote  as  registered  electors. 

Sec.  8.  The  Committee  of  Five,  appointed  under  authority 
of  this  Convention,  shall  appoint  three  commissioners  of  elec- 
tion for  each  county,  whose  duty  it  shall  be  to  superintend  the 
election  for  theratification  or  rejection  of  the  Constitution;  who 
shall  also,  at  the  same  time  and  place,  superintend  the  election 
for  all  officers  and  Representatives  herein  ordered.  Returns  in 
duplicate,  sworn  to  by  the  said  Commissioners  superintending 
said  election,  shall  be  made  and  forwarded  within  three  days 
thereafter  to  the  chairman  of  said  Committee  of  Five  who  shall, 
within  five  days  after  the  last  return  has  been  received,  make 
proclamation  of  the  result  of  said  election;  and  shall  also  de- 
clare the  officers  elected  thereunder,  and  notify  them  of  their 
election;  and  if  declared  ratified,  the  Constitution  shall,  from 
and  after  that  date,  be  in  full  force  and  effect. 

Sec.  9.  The  Legislature  elected  under  this  Constitution  shall 
hold  its  first  session  in  the  Capitol,  in  the  city  of  Jackson,  on 
the  second  Monday  after  the  official  promulgation  aforesaid, 
and  shall  proceed  immediately  upon  its  organization,  to  vote 
upon  the  adoption  of  the  Fourteenth  Amendment  of  the  Con- 
stitution of  the  United  States,  proposed  by  Congress  and  passed 
June  13, 1866.  Said  Legislature  shall  not  have  power  to  enact 
any  laws  relative  to  the  per  diem  of  members,  nor  on  any  other 
subject  after  organization,  until  said  Constitutional  Amend- 
ment shall  have  been  ratified, 

Sec.  10.  The  first  terms  of  all  civil  officers  elected  at  the 
same  time  this  Constitution  is  submitted  for  ratification  or  re- 
jection shall  commence  on  the  second  Monday  after  their  elec- 
tion shall  have  been  officially  promulgated,  and  they  shall  con- 
tinue to  hold  from  said  time  until  the  expiration  of  the  first  full 
term  of  their  respective  offices  succeeding  said  election. 

Sec  11.  All  Commissioners  of  Election  herein  provided  for, 
shall,  before  entering  upon  their  respective  duties,  take  and 
subscribe  to  the  oath  of  office  prescribed  by  Congress,  approved 
July  2,  1862,  entitled  "an  Act  to  prescribe  an  oath  of  office.'' 

Sec  12.  The  Commissioners  of  Election  herein  provided  for 
shall  receive  the  same  compensation  per  day  while  in  attend- 
ance upon  elections,  and  allowances  for  transportation  (when 
actual  disbursements  have  been  made)  as  Registrars,  and  shall 
be  paid  out  of  any  funds  in  the  State  Treasury  to  the  credit  of 
the  Convention  fund  upon  the  certificate  of  the  Chairman  of 
said  committee  of  Five. 

Report  received. 

And  under  the  rules,  lies  over,  and  100  copies  ordered  to  be 
printed. 

The  rules  were  suspended  to  permit  a  communication,  pre- 
sented by  Mr.  Gaither,  to  be  read  for  information. 

Mr.  Townsend  moved  to  further  suspend  the  rules,  that  the 


479 


communication  might  be  referred  to  the  committee  on  Remov- 
ing Political  Disabilities  for  their  consideration. 

A  motion  to  table  was  lost,  and  the  motion  of  Mr.  Townsend 
was  carried. 

Mr.  Ozanne,  the  chairman  of  committee  on  Contingent 
Expenses,  moved  to  reconsider  the  vote  ordering  the  reduction 
of  the  account  for  papers  furnished  the  Convention  by  the 
Meridian  Chronicle  presented  on  Saturday  last; 

Which  was  carried. 

And  on  motion  of  Mr.  Ozanne,  the  bill  was  ordered  to  be 
paid  as  rendered,  to-wit:  ten  cents  per  copy. 

Mr.  Gibbs  moved  to  refer  the  subject  back  to  the  committee  ; 
Which  was  laid  on  the  table. 

Mr.  Clarke  moved  to  amend  by  inserting  the  word  "seven," 
instead  of  the  word  "ten." 

Mr.  Hauser  moved  the  previous  question; 
Which  was  sustained. 

And  the  amendment  of  Mr.  Clarke  was  lost,  no  quorum 
voting; 

And  the  motion  of  Mr.  Ozanne  was  carried,  by  the  follow- 
ing vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Bonne}', 
Bridges,  Caldwell,  Chapman,  Chappell,  Clarke,  Combash,  Cun- 
ningham, Dowd,  Elliott  John,  Fawn,  Hand}',  Hauser,  Herbert, 
Jacobs,  Johnson  A.,  Leas,  Mask,  Musgrove,  Moore,  Morgan, 
Myers,  McKee,  McKnight,  Newsom,  Orr,  Ozanne,  Peyton  E.  A., 
Powell,  Quinn,  Railsback,  Stewart,  Stites,  Stringer,  Warren, 
Williams,  and  Yeoman — 41. 

Nays — Messrs.  Conley,  Gaither,  Gibbs,  Goss,  Gray,  Howe, 
Hutto,  Jamison,  Lack,  Longmire.  Montgomery,  Neilson,  Nelms, 
Phillips,  Richardson,  Stiles,  Townsend,  Vaughan,  Walker,  and 
Weir— 20. 

Mr.  Alcorn  moved  to  suspend  the  rules,  to  enable  Mr.  Phil- 
lips, of  Tunica,  to  introduce  the  following; 

Whereas,  St.  Francis  Island  is  on  the  Arkansas  side  of  the 
Mississippi  river,  and  is  a  part  of  the  territory  of  Missis- 
sippi; and 

Whereas,  Ship  Island  is  on  the  Mississippi  side  of  the  Mis- 
sissippi river,  and  part  of  the  territory  of  the  State  of  Ar- 
kansas; therefore, 

Be  it  ordained  by  the  people  of  Mississippi,  in  Conven- 
tion assembled,  That  the  Legislature  at  its  first  session,  or  as 
soon  thereafter  as  practicable,  negotiate  an  exchange  of  St. 
Francis  Island  for  Ship  Island. 

And  the  ordinance  was  put  upon  its  first  reading. 

Mr.  Phillips  offered  the  following: 

Be  it  ordained  by  the  people  of  the  State  of  Mississippi, 
in  Convention  assembled — 

1st.  That  all  male  citizens  born  in  the  United  States  or  natu- 
ralized, twenty-one  years  old  and  upwards,  who  have  resided  in 
this  State  one  year  and  in  the  county  in  which  said  inhabitant 
offers  to  vote  four  months,  are  qualified  electors. 


480 


2d.  There  shall  be  separate  schools  for  the  education  of 
white  and  colored  children. 

3d.  All  male  citizens,  twenty-one  years  of  age,  who  can  read 
and  write,  and  calculate  interest,  shall  be  competent  jurors. 

4th.  No  person  shall  be  elected  to  any  office,  who  is  not  by 
education  qualified  to  discharge  all  the  duties  of  the  office  to 
which  he  is  elected. 

5th.  The  oath  of  office  for  State,  county,  and  municipal  offi- 
cers of  this  State,  shall  be  to  support  the  Constitution  of  the 
State,  and  the  Constitution  of  the  United  States,  and  the  faithful 
discharge  of  the  duties  of  office. 

Which  was  laid  on  the  table,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Caldwell,  Chapman,  Clarke, 
Cunningham,  Dowd,  Drane,  Herbert.  Jacobs,  Jamison,  Johnson 
A.,  Leas,  Leonard,  Moore,  Myers,  McKee,  Newsom,  Parsons  J. 
R.,  Peyton  E.  A.,  Powell,  Railsback,  Stewart,  Stites,  Stringer, 
Warren,  W eir,  Williams,  and  Yeoman — 29. 

Nays — Messrs.  Barry,  Bonney,  Conley,  Gaither,  Gibbs,  Goss, 
Gray,  Hemming  way,  Howe,  Ilutto,  Lack,  Longmire,  Mask, 
Musgrove,  Montgomery,  Morgan,  McKnight,  Neilson,  Nelms, 
Orr,  Phillips,  Richardson,  Stiles,  Townsend,  Vaughan,  and 
Walker— 26. 

On  motion  of  Mr.  Peyton,  of  Hinds,  the  rules  were  suspended, 
to  permit  the  introduction  of  the  following  communication : 

Jackson,  Miss.,  April  6th,  1868. 

Hon.  B.  B.  Uggleston,  President  of  Constitutional  Convention: 

Sir — The  performance  of  duties  of  a  judicial  character  ren- 
ders it  improper  that  I  should  longer  remain  a  member  of  this 
Convention.  I  now,  therefore,  resign  my  seat  therein;  and  in 
thus  taking  leave,  I  cannot  withhold  the  expression  of  my 
feelings  of  gratitude  for  the  kindness  and  courtesy  uniformly 
shown  me,  not  only  by  j-ourself,  but  by  the  members  and  offi- 
cers of  this  Convention. 

V cry  respectfully, 

E.  G.  Peyton. 

Mr.  Orr  moved  to  receive. 

Mr.  Weir  moved  to  lay  on  the  table; 

Which  was  carried. 

The  Convention  took  up  for  consideration,  the  report  of  the 
Committee  on  County  Boundaries; 

And  so  much  as  relates  to  the  new  county  of  Columbia,  and 
Tishomingo  county,  passed  its  third  reading. 

And  so  much  as  relates  to  Coahoma  count}*",  and  Tunica 
county,  passed  its  third  reading. 

And  that  portion  relating  to  Clay  county,  being  read, 

Mr.  Conley  offered  the  following  amendment : 

Strike  out  the  words,  "west  half  of  township  fifteen,  range 
six.  and  township  sixteen,  range  six,  inclusive;  " 

Which  was  adopted. 


481 


Mr.  Conley  offered  the  following  as  an  addition  to  the  sec- 
tion : 

Provided,  That  the  resident  voters  in  that  portion  of  At- 
tala county  proposed  to  be  included  in  said  new  county  of  Clay 
shall  be  allowed  to  vote  for  or  against  said  new  county;  And, 
provided  further,  That  if  a  majority  of  said  voters  of  that  part 
of  Attala  county  proposed  to  be  included  in  said  new  county  of 
Clay  vote  against  it,  then  said  District  of  Attala  county,  pro- 
posed to  be  included  in  said  new  county  of  Cla}r,  shall  be  and 
remain  a  part  of  Attala  county; 

Which  was  laid  on  the  table. 

Mr.  Barry  moved  to  strike  out  so  much  of  the  section  as 
relates  to  the  boundaries  of  Carroll  count}'; 
Which  was  carried. 

Ml-.  Dowd  moved  to  adopt  the  report  so  far  as  it  relates  to 
Clay  county  as  a  whole; 
Which  was  carried. 

Mr.  Dowd  moved  to  refer  to  the  committee  on  Form  and 
Arrangement. 

The  Ordinance  reads  as  follows : 

Be  it  ordained,,  That  a  new  county,  which  shall  be  called 
Columbia  county,  be  and  the  same  is  hereby  established,  with 
the  following  boundaiies,  viz:  All  that  portion  of  Tishomingo 
county  situated  and  lying  south  of  a  line  beginning  at  the 
southwest  corner  of  section  seven,  township  four,  of  range  six 
on  the  western  boundary  line  of  said  county,  and  running 
thence  east  with  the  said  section  line  between  section  seven 
and  eighteen,  to  the  eastern  boundary  of  Tishomingo  county. 

Be  it  further  ordained,  That  the  county  site  of  said  county 
of  Columbia  be  and  is  hereby  located  in  the  town  of  Boone- 
ville,  in  said  county,  and  that  the  county  site  of  Tishomingo 
county,  be  and  the  same  is  hereby  located  in  the  city  of  Corinth, 
in  said  county;  Provided,  That  the  said  city  of  Corinth  shall 
donate  and  deed  the  buildings  on  the  public  square  in  said  city, 
to  the  said  Tishomingo  county,  for  a  court-house. 

Be  it  further  ordained,  That  the  Board  of  Police  of  Tisho- 
mingo county  is  hereby  authorized  and  directed  to  sell  the 
public  buildings  now  belonging  to  said  Tishomingo  county, 
situated  at  Jacinto,  and  pay  the  same  over  to  the  Board  of 
Police  of  Columbia  county,  to  enable  said  Columbia  county  to 
pay  for  their  public  or  county  buildings. 

Be  it  further  ordained,  That  the  county  line  betwen  Coa- 
homa and  Tunica  counties  be  established  as  follows,  viz: 
Beginning  at  a  point  on  the  Mississippi  river  where  the  south 
boundary  of  township  thirty,  range  four,  west,  intersect  said 
river,  running  east  with  the  south  boundary  of  township  thirty 
to  the  Chickasaw  surveys;  thence  east  on  the  south  boundary 
of  township  seven,  to  the  middle  of  range  nine,  west;  thence 
north,  through  the  middle  of  range  nine,  to  the  north  boundary 
of  township  three;  thence  west,  along  said  north  boundary  of 
township  three,  to  the  Mississippi  river;  thence  down  the  east 
bank  of  said  river  to  the  beginning;  all  that  portion  of  Tunica 
C— 31 


482 


county,  detached  by  this  ordinance,  shall  be  added  to  and  con- 
stitute a  portion  of  Coahoma  count}'. 

Be  it  further  ordained,  That  a  new  county,  which  shall  be 
called  Clay  count}7,  shall  be,  and  the  same  is  hereby  established, 
with  the  following  boundaries,  viz:  Embracing  townships 
twelve,  thirteen,  fourteen,  and  fifteen,  range  five,  township 
twelve,  thirteen,  fourteen,  fifteen,  and  part  of  sixteen,  range 
four;  also,  east  half  of  townships  twelve,  thirteen,  fourteen, 
fifteen,  and  sixteen,  range  three. 

Be  it  further  ordained,  That  the  county  site  of  said  Clay 
county  shall  be  situated  and  located  in  the  town  of  Durant. 

Mr.  Stovall  moved  that  the  vote  so  far  as  relates  to  Colum- 
bia and  Clay  counties  be  reconsidered; 

Which  was  laid  on  the  table. 

Mr.  Barry  moved  to  reconsider  the  vote  laying  the  ordinance 
on  the  table,  introduced  by  Mr.  Phillips. 
Mr.  Clarke  moved  to  lay  on  the  table; 
Which  was  lost. 

The  hour  arriving  for  the  order  of  the  day,  the  motion  of 
Mr.  Barry  to  reconsider  lies  over. 

The  Convention  took  up  for  consideration  the  resolution  in- 
troduced by  Mr.  McKee,  in  relation  to  relief. 

Mr.  Weir,  of  Oktibbeha,  moved  to  amend  by  striking  out  all 
after  the  word  "  resolved,"  and  inserting  the  report  of  the 
committee  on  relief,  presented  by  himself,  as  a  minorit}r  report ; 

Pending  action  on  the  above,  the  Convention  adjourned 
until  to-morrow  morning  at  9  o'clock. 

T.  P.  Sears, 

Secretary. 


SEVENTY-NINTH  DAY. 

Jackson,  Miss.,  Tuesday,  April  7th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam, 
Bonney,  Bridges,  Brinson,  Caldwell,  Chapman,  Chappell,  Clarke, 
Combash,  Conle}7,  Cunningham,  Dalton,  Dowd,  Drane,  Elliott 
John,  Fawn,  Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hauser,  Hem- 
mingway,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison,  Johnson,  A., 
Lack,  Leas,  Leonard,  Longmire,  Mayson,  Musgrove,  Mont- 
gomery, Moore,  Morgan,  Myers,  Mygatt,  McKee,  McKnight, 
Neilson,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Pey- 
ton E.  A.,   Phillips,  Powell,  Quinri,  Railsback,  Richardson, 


483 


Stewart,   Stites,    Stoyall,  Stringer.    Stiles,   Townsend,  Toy, 
Vaughan,  Walker,  Warren,  Weir,  Williams,  and  Yeoman — 71.  " 
The  following  delegates  were  absent: 

Messrs.  Bany,  Castello,  Collins,  Compton,  Elliott  James, 
Field,  Fitzkugh,  Holland,  Johnson  S.,  Jones,  Kerr,  Lawson, 
Mask,  Miles,  McCutchen,  Nelms,  Xesbitt,  Peyton  E.  G.,  Rainey, 
Smith,  Watson,  and  Woodmansee — 22. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted,  to  Mr.  Mask  for  ten  days; 
to  Mr.  Castello  for  three  days. 

Mr.  Vaughan,  of  Lafayette,  introduced  the  following: 

Eesolved,  That  the  Convention  go  into  a  ballot  to  select  a 
suitable  person,  who  shall  print  the  Journal  of  this  Convention, 
together  with  the  Constitution,  in  book  and  pamphlet  form. 

Mr.  Clarke  moved  to  strike  out  the  words  ';  book  and  pamph- 
let form;" 

Which  was  laid  on  the  table. 

Mr.  McKee  moved  to  postpone  until  to-morrow. 

Mr.  Gibbs  moved  to  table; 

Which  was  carnied. 

Mr.  Townsend  offered  the  following: 

Provided,  That  the  number  of  official  copies  of  the  Journal 
printed  in  book  form  shall  not  exceed  five  hundred. 

Mr.  Combash  moved  to  amend  Mr.  Townsend's  amendment 
by  striking  out  the  words  "  five  hundred*'"  and  inserting  the 
words  "  ten  thousand." 

Mr.  Morgan  moved  to  table  both  amendments; 

Which  was  carried. 

Mr.  Herbert  moved  to  amend  as  follows : 
Print  five  thousand  copies. 

Mr.  Mygatt  offered  the  following  as  an  amendment  to  the 
amendment: 

Print  two  thousand  five  hundred  copies. 

Mr.  Weir  moved  to  table  the  amendment  and  amendments 
thereto; 

Which  was  carried. 

Mr.  Orr  moved  to  print  one  thousand  five  hundred  copies. 

Mr.  Gibbs  moved  to  table; 

Which  was  carried. 

Mr.  Stringer  offered  the  following: 

Resolved,  That  the  resolution  be  referred  to  the  Committee 
on  Printing,  with  the  instruction  to  report  the  cost  of  printing 
the  Journals,  Debates,  and  Constitution,  and  be  made  the  spe- 
cial order  for  Thursday. 

Mr.  Stiles  moved  to  table  the  resolution ; 

Which  was  lost, 

Mr.  Clarke  moved  that  the  Committee  report  the  cost  ot 
printing  twenty-five  hundred  copies  of  the  Journal. 
Mr.  Gibbs  moved  the  previoue  question; 
Which  was  sustained. 

And  the  amendment  of  Mr.  Clarke  was  adopted. 

And  the  motion  of  Mr.  Stringer,  as  amended,  was  carried. 


484 


Mr.  Dowel  moved  to  suspend  the  rules  to  take  up  the  report 
of  the  Committee  on  Franchise. 

Mr.  Hemmingway  moved  to  table  the  motion; 
Which  was  carried. 

Mr.  Cunningham  introduced  the  following : 

Whereas,  The  State  Penitentiary  is  in  such  condition  that 
the  convicts  from  the  different  counties  in  the  State  cannot  be 
sent  there  to  serve  their  term  of  confinement  as  provided  by 
law,  and  are  consequently  confined  in  county  jails,  to  the  great 
expense  of  the  people;  and 

Whereas,  Said  convicts  might  be  profitably  employed  in  coun- 
ty towns  at  cleaning  streets,  and  other  work  which  would  add 
much  to  the  improvement  of  said  towns,  and  also  add  to  the 
health  of  the  community;  therefore,  be  it 

Resolved,  That  it  is  the  sense  of  this  Convention,  that  the 
convicts  now  in  the  various  county  jails  in  this  State  ought  to 
be  placed  in  the  control  of  the  city  council  of  the  various 
county  towns  to  be  worked  under  the  Sheriffs  on  the  streets, 
or  at  such  work  as  said  city  council  shall  direct,  and  Gen.  Gib 
lem,  Commander  Fourth  Military  District,  be  respectfully  re- 
quested to  issue  orders  enforcing  this,  if  he  considers  it  proper, 

Mr.  Howe  moved  to  table; 

Which  was  carried. 

Mr.  Herbert  submitted  the  following: 

Whereas,  It  is  believed  that  there  is  now  no  delegate  on 
this  floor  who  is  not  earnestly  impressed  with  the  vast  impor- 
tance of  a  harmonious  reconciliation  of  conflicting  sentiments 
on  the  subject  embraced  in  the  report  of  the  Committee  on 
Franchise,  which  must  again  soon  come  before  this  Convention 
for  final  action  ;  and 

Whereas,  Many  delegates  here  have  notions  and  sentiments 
honestly  entertained,  upon  the  subject  alluded  to,  aiming  all  of 
them  to  do  for  the  best  in  the  promotion  of  the  general  good; 
and 

Whereas,  Something  must  be  done  to  reconcile  differences,  to 
harmonize  action,  and  energise  movement  in  the  right  direc- 
tion; therefore,  to  get  an  honest  expression  of  opinion,  be  it 

JBesolved,  That  after  the  Constitution  now  being  framed 
by  this  Convention,  shall  have  been  put  in  full  force  in  this 
State,  no  person  shall  ever  be  eligible  under  said  Constitution, 
to  the  office  of  Governor,  Lieutenant  Governor,  Secretary  of 
State,  Treasurer,  Auditor  of  Public  Accounts,  Superintendent 
of  Public  Instruction,  Judge  of  the  High  Court  of  Errors  and 
Appeals,  Attorney  General,  Judge  of  the  Circuit  Courts, 
Judge  of  the  Probate  Court,  Mayor  of  any  city  or  town,  Sheriff 
or  Tax  Collector  of  any  county,  or  to  a  seat  in  either  branch 
of  the  Legislature,  who  voted  for  or  signed  the  ordinance  of 
secession,  adopted  by  a  certain  so-called  Convention  of  the 
people  of  the  State  of  Mississippi,  on  the  9th  day  of  Januaiy, 
1861,  or  whoever  held  any  office  of  profit,  or  trust,  civil  or  mil- 
itary, by  election  or  appointment,  under  the  government  of  the 
so-called  Confederate  States,  or  under  the  government  of  any 


iS5 


State  while  in  rebellion  against  the  government  of  the  United 
States,  or  whoever  voluntarily  bore  arms  or  aided  in  the  same; 
Provided,  That  if  any  cases  coming  within  the  purview  and 
meaning  of  the  third  section  of  the  amendment  proposed  by 
Congress  as  article  14  of  the  Constitution  of  the  United 
States,  any  person  shall  at  any  time  obtain  removal  of  his  dis- 
abilities as  therein  provided,  the  Legislature  of  this  State  may 
also  relieve  such  person  from  such  disabilities,  by  a  two- 
thirds  vote,  and  from  that  time,  the  person  or  persons  so  re- 
lieved or  pardoned,  shall  be  eligible  to  any  of  the  offices  afore- 
said; And  provided  further.  That  on  the  fourth  day  of  July, 
A.  D.  1S76,  a  universal  amnesty  and  pardon  within  this  State  of 
ail  political  offenses  in  anywise  connected  with  said  rebellion, 
shall  take  place  and  be  proclaimed,  restoring  all  men  to  their 
original  rights,  unless  the  Legislature  in  the  meantime  at  its 
last  previous  session  thereto,  shall,  by  a  like  two-thirds  vote, 
declare  it  to  be  unsafe  for  the  State  to  do  so.  and  if  it  shall 
then  so  appear  to  be  unsafe,  the  said  Legislature  may  and  shall 
so  declare,  and  by  a  two-thirds  vote  of  that  body,  make  said 
disabilities  perpetual. 

Mr.  Dalton  moved  to  table; 

Which  was  lost. 

Mr.  Morgan  moved  to  suspend  the  rules  and  that  it  be  prin- 
ted and  made  the  special  order  for  Thursday  next. 
Mr.  Clarke  moved  to  amend  as  follows: 

That  we  make  the  subject  of  Franchise  the  special  order  for 
Wednesday,  at  10  o'clock. 

Mr.  Dowd  offered  the  following  amendment  to  the  amend- 
ment: 

That  every  other  member  of  this  Convention  who  desires  it 
may  have  his  views  published  also. 
Mr.  Herbert  moved  to  table; 
Which  was  carried. 

Mr.  Gibbs  moved  the  previous  question; 
Which  was  sustained. 

And  the  amendment  of  Mr.  Clarke  was  adopted 

And  the  matter  contained  in  the  resolution  of  Mr.  Herbert, 
was  absorbed  by  the  introduction  and  adoption  of  the  amend- 
ment offered  by  Mr.  Clarke,  of  Yazoo. 

Mr.  Chapman  moved  that  three  thousand  copies  of  the  report 
of  the  committee  on  Public  Lands  be  printed  in  pamphlet 
form  for  distribution. 

Mr.  Goss  moved  to  amend  by  inserting  three  hundred  thous- 
and copies. 

Under  the  operation  of  the  previous  question,  moved  by  Mr. 
Warren,  and  sustained,  the  amendment  of  Mr.  Goss~  was 
lost. 

And  the  resolution  was  lost,  by  reason  of  no  quorum  voting. 
Mr.  E.  G.  Peyton  was  granted  leave  of  absence  from  day  to 
day. 

3Ir.  Gibbs  introduced  the  following: 

Mesolvedi  That  the  President  appoint  a  special  committee  of 


486 


five,  to  take  into  immediate  consideration  the  propriety  of  in- 
corporating an  article  in  the  Constitution  providing  for  the 
election  or  appointment  of  a  Commissioner  of  Immigration  for 
the  State,  and  defining  the  duties  of  the  same. 
Which  was  lost;  no  quorum  voting. 

Mr.  Clarke  moved  the  reference  of  the  same  to  the  committee 
on  Internal  Improvements; 
Which  was  carried. 

Mr.  Clarke  moved  that  the  Convention  hold  two  sessions 
daily,  the  first  to  commence  at  9  a.  m.,  and  the  second  at  3  p.  m.  ; 

Which  was  laid  on  the  table,  by  the  following  vote:  ' 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Chappeil, 
Combash,  Cunningham,  Drane,  Gibbs,  Goss,  Handy,  Hauser, 
Herbert,  Jacobs,  Jamison,  Johnson,  Montgomery,  Moore, 
Morgan,  M}Ters,  Mygatt,  McKnight,  Newsom,  Orr,  Ozanne, 
Powell,  Richardson,  Stites,  Stringer,  Stiles,  Toy,  Vaughan, 
Weir,  Woodmansee,  Yeoman — 35. 

Nays — Messrs.  Beam,  Bridges,  Brinson,  Caldwell,  Clarke, 
Conley,  Dalton,  Dowd,  Elliott  John,  Gaither,  Gray,  Hemming- 
way,  Hutto,  Lack,  Leas,  Longmire,  Mayson,  Musgrove,  McKee, 
Neilson,  Parsons  F.,  Parsons  J.  R.,  Phillips,  Railsback,  Stewart, 
Stovall,  Townsend,  Warren — 28. 

The  unfinished  business  being  the  amendment  offered  by  Mr. 
Weir,  yesterday,  to  the  resolution  of  Mr.  McKee; 

Mr.  Stiles  moved  to  read  the  amendment  of  Mr.  Weir; 

Which  was  lost. 

Mr.  Orr  offered  the  following  amendment  to  the  amend- 
ment: 

an  ordinance  declaring  null.  and  void  all  sales  of  lands 
for  state,  county,  or  municipal  taxes  levied  under  and 
by  authority  of  the  state  of  mississippi,  for  the  years 
1861,  1862,  1863,  and  1864,  and  for  other  purposes. 

Section  1.  Be  it  ordained  by  the  people  of  Mississippi,  in 
Convention  assembled,  That  all  taxes,  State,  county  or  mu- 
nicipal, levied  under  or  by  authority  of  any  State,  county  or 
municipal  law,  or  ordinance,  upon  the  real  or  movable  prop- 
erty, within  the  limits  of  said  State  of  Mississippi,  for  the 
years  1861,  1862,  1863,  and  1864,  be  and  the  same  are  hereby 
declared  null  and  void,  and  the  collection  of  the  same  shall  not 
be  enforced  by  any  process  of  law  emanating  from  or  issued 
by  any  court  or  courts  of  this  State,  and  any  Sheriff  or  Tax 
Collector  collecting,  or  attempting  to  collect,  hereafter,  any  of 
the  within  mentioned  taxes  shall  be  deemed  guilty  of  fraud, 
and  upon  conviction  thereof,  shall  ne  imprisoned  in  the  State 
Prison  for  not  less  than  one,  nor  more  than  three  years. 

Sec.  2.  Be  it  further  ordained,  That  any  and  all  sales  of  real 
estate  heretofore  or  hereafter  made,  for  non-payment  of  taxes 
for  the  years  1861,  1862,  1863,  and  1864,  are  hereby  declared 
null  and  void  and  of  no  effect,  and  said  real  estate  thus  sold 
shall  revert  back,  without  any  consideration  whatever,  to  its 
original  owners,  or  their  legal  heirs  or  assigns, 


4S7 


Sec.  3.  Be  it  further  ordained,  That  all  contracts  for  the 
sale  of  lands  which  are  incomplete,  by  reason  of  the  purchase 
money  being  unpaid,  or  the  title  deeds  or  conveyances  being 
unexecuted,  and  which  sale  took  place  between  the  9th  day  of 
Januaiw,  1861  and  the  20th  day  of  May,  1865,  unless  paid  for. 
or  contracted  to  be  paid  for,  in  the  legal  currency  of  the 
United  States,  or  property  other  than  slaves,  are  hereby 
declared  null  and  void  at  the  option  of  the  parties  or  either  of 
them;  Provided,  That  subsequent  purchasers  shall  not  be 
affected  by  the  provisions  of  this  section. 

Sec.  4.  Be  it  further  ordained,  That  all  bills,  bonds,  notes  or 
other  evidences  of  debt  outstanding  and  unpaid,  given  for  or  in 
consideration  of  bonds  or  Treasury  notes  of  the  so-called 
Confederate  States,  or  notes  or  bonds  of  this  State  to  be  paid 
or  redeemed  in  the  bonds  or  notes  of  the  Confederate  State*, 
are  hereby  declared  null  and  void,  and  no  action  thereon  shall 
be  maintained  in  the  courts  of  this  State. 

Sec.  5.  Be  it  f  urther  ordained,  and  it  is  hereby  declared,  That 
there  is  a  failure  of  consideration,  and  it  shall  be  so  held  by  the 
courts  of  this  State  upon  all  deeds  or  bills  of  sale  given  for 
slaves  with  covenants  or  warranty  of  title  or  soundness,  or 
both,  and  upon  all  bills,  bonds,  notes,  or  other  evidences  of 
debts  given  for  or  in  consideration  of  slaves,  which  are  now 
outstanding  and  unpaid,  and  no  action  shall  be  maintained 
thereon,  and  that  all  judgments  and  decrees  rendered  in  any 
of  the  courts  of  this  State  since  the  9th  day  of  Januaiy,  1861. 
upon  any  deeds,  or  bills  of  sale,  or  upon  any  bill,  bond,  note, 
or  other  evidence  of  debt,  based  upon  the  sale  or  purchase  of 
slaves,  are  hereby  declared  null  and  void,  and  set  aside,  and 
the  plea  of  failure  of  consideration  shall  be  held  a  good  de- 
fense in  all  actions  to  suits  of  this  character  and  nature: 
Provided,  That  settlement  and  compromise  of  such  trans- 
actions made  by  the  parties  thereto,  shall  be  valid  and  final. 
Sec.  6.  Be  it  further  ordained,  That  all  indebtedness 
incurred  by  the  State  of  Mississippi  or  any  county,  or  mu- 
nicipal corporation  within  said  State,  from  the  9th  day  of 
January,  1861,  to  the  20th  day  of  May,  1865,  be  and"  the 
same  is  hereby  declared  null  and  void,  and  shall  never  be  paid: 
Prodded,  That  any  and  all  indebtedness  incurred  by  said  State, 
county,  or  municipal  authorities,  for  necessary  works  of  intern- 
al improvement,  or  for  educational  or  charitable  purposes,  or 
for  the  suppression  or  punishment  of  crime,  or  for  the  proper 
preservation  of  the  public  property  of  the  State,  are  hereby 
exempted  from  the  provisions  of  this  section,  and  shall  ever  be 
held  sacred. 

Mr.  Herbert  moved  to  indefinitely  postpone  the  amendment, 
and  the  amendment  thereto. 

Mr.  ]Sales,  of  Attala,  presented  his  credentials  and  was  sworn 
in. 

Mr.  Weir  called  for  a  division  of  the  question  on  the  motion 
of  Mr.  Herbert,  and  so  much  of  the  motion  as  relates  to  the 
amendment  to  the  amendment,  was,  after  a  motion  for  the 


488 


previous  question  made  by  Mr.  Stringer  not  being  sustained, 
laid  over  under  the  rules. 

Mr.  Gibbs  moved  to  suspend  the  rules,  that  the  minority 
report  be  put  upon  its  first  reading; 

Which  was  lost;  no  quorum  voting. 

Mr.  Clarke  moved  to  suspend  the  rules  and  put  the  minority 
report  of  the  committee  on  Ordinance  and  Schedule  upon  its 
first  reading,  and  read  by  its  title  ; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Bonney,  Bridges,  Brinson,  Cald- 
well, Chapman,  Chappell,  Clarke,  Combash,  Cunningham, 
Dowd,  Drane,  Gaitlier,  Gibbs,  Handy,  Hauser,  Jacobs,  Jami- 
son, Johnson  A.,  Leas,  Montgomery,  Moore,  Myers,  Mygatt, 
McKee,  Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E. 
A.,  Powell,  Railsback,  Stewart,  Stites,  Stovall,  Stringer,  Stiles, 
Toy,  Warren,  Weir,  Woodman  see,  Yeoman — 42. 

Nays — Messrs.  Conley,  Dalton,  Goss,  Gray,  Hemming  way, 
Herbert,  Hutto,  Lack,  May  son,  Musgrove,  Neilson,  Niles,  Orr, 
Phillips,  Richardson,  Walker — 16. 

Mr.  Gibbs  moved  to  suspend  the  rules  so  that  a  motion  to 
adjourn  may  be  made; 

A  motion  to  table  was  lost; 

And  the  motion  to  suspend  the  rules  was  lost. 

Mr.  Stiles  moved  to  adopt  the  first  paragraph  of  the  major- 
ity report. 

Mr.  Gibbs  moved  to  postpone  until  to-morrow; 
Which  was  laid  on  the  table. 
Mr.  Clarke  moved  the  previous  question; 
Which  was  not  sustained. 

Messrs.  Townsend  and  Beam  were  fined  one  day's  per  diem 
for  refusing  to  vote  upon  a  question. 

Section  1  of  the  majority  report  of  the  committee  on  Ordi- 
nance and  Schedule  being  read, 

Mr.  Stiles  moved  to  adopt;  pending  which,  the  Convention 
adjourned,  to  meet  to-morrow  morning  at  9  o'clock. 

T.  P.  Sears, 

Secretary. 


EIGHTIETH  DAY. 

Jackson,  Miss.,  Wednesday,  April  8th,  1868. 

Convention  met  pursuant  to  adjournment., 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Chapman,  Clarke, 
Combash,  Chappell,  Conley,  Cunningham,  Dalton,  Dowd,  Drane, 


4:89 


Elliott  John,  Fawn.  Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hauser, 
Hemming  way,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison,  John- 
son A.,  Lack,  Lawson,  Leas,  Leonard,  Musgrove,  Montgomery, 
Moore,  Morgan,  Myers,  Mygatt,  McKee,  McKnight,  Niies, 
Xeilson,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  E.,  Peyton  E.  A., 
Phillips,  Powell,  Quinn,  Eailsback,  Eichardson,  Stewart,  Stites, 
Townsend,  Toy,  Vaughan,  Walker,  Warren,  Weir,  Williams, 
and  Yeoman — 71. 

The  following  delegates  were  absent : 

Messrs.  Castello,  Collins,  Compton,  Elliott  James,  Field, 
Fitzhugk,  Holland,  Johnson  S.,  Jones,  Kerr,  Longmire,  Mays<  n. 
Mask.  Miles,  MeCutehen.  Nelms,  Xesbitt,  Peyton  E.  G'.,  Eainey, 
Smith,  Watson,  and  AYoodmansee — 22. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted,  as  follows: 

To  Mr.  Mayson,  for  three  days;  to  Mr.  Longmire,  for  two 
days;  and  to  Mr.  S.  Johnson,  for  live  days. 

The  committee  on  Contingent  Expenses  made  the  following- 
report  : 

Mr.  President:  The  committee  on  Contingent  Expenses,  to 
whom  was  referred  the  annexed  account,  would  respectfully 
report  that  the}'  have  found  the  same  correct,  and  would  recom- 
mend it  be  allowed. 

Eespectfully, 

U.  Ozanxe,  Chairman. 
W.  H.  Gibbs, 
J.  Eailsback, 
S.  C.  Coxley, 
J.  C.  Brixsox, 

Committee. 

Jlississipjji  State  Convention,  per  A".  G.  Gill,  Sergeant-at-Arms, 

Bought  of  Eyrich  &  Co., 


To  2-|  reams  letter  paper,  at  $9  $22  50 

To  300  paper  fasteners   2  25 

To  1.500  envelopes,  at  $7  50   11  25 

To  12  dozen  pencils,  at  75c   9  00 

To  1  rubber  ruler   1  00 

To  1  rubber  ruler   1  25 

To  3  quarts  ink  (Arnold's),  at  $2   6  00 

To  1  ream  letter  paper   9  00 


$62  25 

I  certify  that  the  above  account  is  correct,  and  that  the  arti- 
cles were  necessary  for  the  use  of  the  Convention. 

Nelsox  G.  Gill. 

Sergeant- at- Arms. 

Eeport  received,  and  rules  suspended,  and  the  account  al- 
lowed, and  warrant  directed  to  be  drawn  for  the  amount. 


490 


Mr.  Hauser  moved  that  the  Convention  take  up,  for  considera- 
tion, report  on  Franchise,  and  moved  the  previous  question; 
Which  was  sustained. 

And  the  motion  of  Mr.  Hauser  was  carried. 

Mr.  Drane  was  brought  before  the  bar,  and  lined  one  day's 
per  diem  fur  not  voting  upon  the  question. 

The  amendment  of  Mr.  Castello,  introduced  March  20,  was 
taken  up  for  consideration. 

Mr.  Clarke  moved  to  lay  on  the  table: 

Which  was  carried. 

Mr.  Herbert  offered  the  following  amendment  to  the  amend- 
ment: 

Amend  the  5th  section  of  the  Franchise  report  so  as  to  make 
the  same  read  from  the  begining  to  the  end  in  these  words: 

Sec.  5.  -No  person  shall  ever  be  eligible  to  the  office  of  Gov- 
ernor, Lieutenant  Governor,  Secretary  of  State,  Treasurer, 
Auditor  of  Public  Accounts,  Superintendent  of  Public  In- 
struction, Judge  of  the  High  Court  of  Errors  and  Appeals, 
Attorney  General,  Judge  of  the  Circuit  Court,  Judge  of  the 
Probate  Court,  Mayor  of  any  city  or  town,  Sheriff  or  Tax  Col- 
lector of  any  county,  or  to  a  seat  in  either  branch  of  the  Legis- 
lature, who  voted  for  or  signed  the  ordinance  of  secession, 
adopted  on  the  9th  day  of  January,  1861,  in  the  State  of  Mis- 
sissippi, or  who  ever  voted  for  or  signed  any  ordinance  of  se- 
cession adopted  at  any  time  in  any  other  State  of  the  Ameri- 
can Union,  or  who  ever  held  any  office  of  profit,  or  trust,  civil 
or  military,  by  election  or  appointment,  under  the  government 
of  the  so-called  Confederate  States,  or  under  the  government  of 
any  State  while  in  rebellion  against  the  government  of  the 
United  States,  or  who  ever  voluntarily  bore  arms  or  aided  in 
the  same,  except  those  persons  who  voted  for  this  Convention; 
Provided,  That  if  any  case  coming  within  the  purview  and 
meaning  of  the  3rd  section  of  the  amendment  proposed  by 
Congress  as  article  14  of  the  amendment  of  the  Constitution  of 
the  United  States,  any  person  shall  at  any  time  obtain  a  re- 
moval of  his  disabilities  as  therein  provided;  the  Legislature 
of  this  State  may  also  relieve  such  person  from  such. disabili- 
ties by  a  two  thirds  vote,  and  from  that  time  the  person  or  per- 
sons so  relieved  or  pardoned,  shall  be  eligible  to  any  of  the 
offices  aforesaid;  And  provided  further,  That  on  the  fourth 
day  of  July,  A.  D.  1878,  a  universal  amnesty  and  pardon 
within  this  State  of  all  political  offenses  in  anywise  connected 
with  said  rebellion,  shall  take  place  and  be  proclaimed  restor- 
ing all  men  to  their  original  rights,  unless  the  Legislature  in 
the  meantime  at  its  last  previous  session  thereto,  shall,  by  a 
like  two-thirds  vote,  declare  it  to  be  unsafe  for  the  State  to  do 
so;  and  if  it  shall  then  so  appear  to  be  unsafe,  tlie  said  Legisla- 
ture may  and  shall  so  declare  and  by  a  vote  of  two-thirds  of 
that  body,  make  said  disabilities  perpetual. 

Mr.  Hemming  way  moved  to  table ; 

Which  was  lost. 

Mr.  Townsend  moved  to  indefinitely  postpone. 


491 


Mr.  Dalton  moved  the  previous  question ;  which  was  not  sus- 
tained. 

And  the  amendment  of  Mr.  Herbert  lies  over. 

Mr.  Herbert  moved  to  suspend  the  rales  that  the  amendment 
to  the  amendment  might  be  farther  considered; 

Which  was  carried,  by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Barry,  Bridges,  Brinson,  Caldwell, 
Conley,  Elliott  John,  Fawn,  Handy,  Herbert,  Johnson  A., 
Lawson,  Leas,  Leonard,  Moore,  Morgan, Myers,  Mygatt,  Newsom, 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Powell,  Quinn, 
Railsback,  Stewart,  Stiles,  Stringer,  Stites,  Toy,  Weir,  Williams, 
Woodmansee,  and  Yeoman — 35. 

Nays — Messrs.  Alderson,  Ballard,  Beam,  Bonnej^,  Canning- 
ham,  Dalton,  Dowd,  Drane,  Gaither,  Gibbs  Goss,  Hauser,  Hem- 
mingway,  Howe,  Hntto,  Jacobs,  Lack,  Mnsgrove,  Montgomery, 
McKnight,  Neilson,  Niles,  Orr,  Phillips,  Richardson,  Stovall. 
Townsencl,  Vaughan,  Walker,  Warren — 30. 

Mr.  Clarke  moved  that  the  ruling  of  the  Convention  on  a 
previous  occasion,  deciding  that  the  rules  could  be  changed  by 
a  majoritj^  vote,  be  reconsidered,  and  that  the  Chair,  in  its 
former  decision,  be  sustained. 

Mr.  Gibbs  moved  to  table; 

Which  was  lost. 

Mr.  Hauser  moved  the  previous  question; 

Which  was  not  sustained. 

And  the  motion  of  Mr.  Clarke  lies  over. 

The  Convention  adjourned  to  meet  to-morrow  morning  at  9 
o'clock. 

T.  P.  Sears, 
Secretary, 


EIGHTY-FIRST  DAY. 

Jackson,  Miss.,  Thursday,  April  9th,  1888. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Chapman,  Chappeil, 
Clarke,  Combash,  Conley,  Dalton,  Dowd,  Drane,  Elliott  John, 
Fawn,  Fitzhugh,  Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hauser, 
Hemmingway,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison,  Johnson 
S.,  Johnson  A.,  Lack,  Lawson,  Leas,  Leonard,  Longmire,  Mus- 
grove,  Montgomery,  Moore,  Morgan,  Myers,  Mygatt,  Mc- 
Cutchen,  Mcknight,  Neilson,  Newsom,  Niles,  Orr,"  Ozanne, 
Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Phillips,  Powell,  Quinn,. 


492 


Railsback,  Richardson,  Stewart,  Stites,  Stovall,  Stringer,  Stiles., 
Townsend,  Toy,  Vaughan,  Walker,  Warren,  Weir,  Williams, 
Woodmansee,  and  Yeoman — 75. 

The  following  delegates  were  absent: 

Messrs.  Castello,  Collins,  Compton,  Cunningham,  Elliott 
James,  Field,  Holland,  Jones,  Kerr,  Mayson,  Mask,  McKee, 
Miles,  Nelms,  Nesbitt,  Rainey,  Smith,  Peyton  E.  G.,  and 
Watson— 19. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted,  to  Mr.  Cunningham  for  one 
day;  to  Mr.  Kerr  for  five  dajTs. 

The  committee  on  Printing  submitted  the  following  report: 

To  the  President  and  31  embers  of  Constitutional  Convention  : 

Gentlemen — Your  committee  on  Printing,  to  whom  was 
referred  a  resolution  in  regard  to  the  cost  of  printing,  in  book 
form,  the  Journal  of  the  Convention,  would  respectfully  report 
as  follows:  The  ordinance  on  printing  adopted  by  your  hon- 
orable body,  provides  the  form  and  manner  in  which  said  book 
shall  be  printed,  and  fixes  the  compensation  therefor.  Under 
this  ordinance  the  cost  of  printing  2,500  copies  of  the  Jour- 
nal in  book  form,  estimating  the  same  to  contain  600  pages, 
would  be  as  follows:  For  the  first  500  copies,  of  600  pages  in 
each  copy,  at  five  dollars  per  page,  $3,000;  and  for  each  addi- 
tional 500  copies,  of  600  pages  each,  at  three  dollars  per  page, 
$1,800 — making  the  total  cost  of  printing  2,500  copies,  as  above 
set  forth,  $10,200.  The  estimate  in  regard  to  the  probable 
number  of  pages  that  will  be  contained  in  said  book,  is  based 
upon  the  Journal  of  the  Louisiana  State  Convention,  of  the 
year  1864.  This  estimate  we  believe  to  be  liberal,  from  the 
fact  that  said  Convention,  composed  of  150  delegates,  and  con- 
tinuing in  session  110  days,  the  time  allotted  to  each  member 
for  debate  being  one  hour,  would  reasonably  require,  to  con- 
tain its  proceedings,  as  large  a  book  as  would  be  required  to 
contain  the  proceedings  of  our  own.  Your  committee  would 
suggest,  in  the  event  of  the  Journal  being  published,  that  each 
copy  contain  therein  the  Constitution. 

In  reference  to  printing  the  Constitution  in  pamphlet  form, 
estimating  the  number  of  pages  in  each  to  be  fifteen,  the  pages 
to  be  of  the  same  size  as  the  Journal,  the  cost  would  be  for  the 
first  200  copies,  at  five  dollars  per  page,  $75;  and  for  each 
additional  200  copies,  at  three  dollars  per  page,  $45;  or  for 
25,000  copies  of  the  same,  $5,580. 

Respectfully  submitted, 

Benj.  H.  Ore,  Chairman. 
J.  Hauser, 
Wm.  B.  Gray, 
W.  G.  Vaughan, 

Committee. 

Mr.  Stovall  introduced  the  following: 


493 


Resolved,  That  the  office  of  Public  Printer  of  this  Conven- 
tion be,  and  is  hereby  declared  vacant. 
Mr.  Fitzhugh  moved  to  table; 
Which  was  lost. 

Mr.  Townsend  moved  to  amend  as  follows: 
Insert  after  the  word  "  Printer,"  the  words  "  and  all  other 
officers." 

Mr.  Gibbs  moved  to  table; 
Which  was  carried. 

Mr.  Parsons,  of  Adams,  moved  to  refer  to  Special  Committee 
appointed  to  investigate  the  subject  of  printing. 
A  motion  to  lay  on  the  table  was  lost. 

3Ir.  Gibbs,  of  Wilkinson,  moved  to  amend  by  referring  the 
following  Circular,  in  connection  with  the  above,  to  the  com- 
mittee on  Printing:  # 

CIRCULAR. 

To  the  President  and  Members  of  the  Mississippi  State  Consti- 
tutional Convention: 

Gentlemen:  By  referring  to  the  proceedings  of  the  Consti- 
tutional Convention,  on  the  third  day  of  the  session,  January 
10th,  you  will  observe  that  the  undersigned  was  duly  elected 
Convention  Printer,  to  publish  the  proceedings,  debates,  jour- 
nals, etc.  I  hold  that  my  election  as  Printer  (with  all  the 
privileges  and  perquisites  of  the  office,  have  not  in  any  manner 
been. abrogated  or  impaired),  is  a  vested  right,  which  I  cannot  be 
deprived  of,  except  by  forfeiture  of  contract,  or  gross  neglect 
of  duty,  and  then  only  by  an  impartial  trial,  under  well  estab- 
lished precedents. 

I  have  incurred  the  expense  of  establishing  a  large  office,  in 
this  place,  and  have  devoted  my  time,  and  spent  my  money,  to 
cany  out  the  contract  entered  into  between  the  Convention 
and  myself.  I  have  sacrificed  warrants  of  the  Convention,  at 
fifty  and  sixty  cents  on  the  dollar,  to  keep  up  the  office,  in  order 
to  do  the  work  of  the  Convention;  and  am  only  now  getting 
the  office  in  a  condition  to  do  the  work  -promptly  and  satisfac- 
torily. The  bills  and  job  work  that  I  have  executed  within  the 
past  ten  days,  and  the  improved  appearance  of  the  State  Jour- 
nal, are  sufficient  evidences  that  I  have  applied  my  means  to 
improvement  of  the  office,  that  I  might  be  enabled  to  render 
the  printing  satisfactoiy  to  the  Convention. 

If  I  am  interrupted  in  my  duties  as  Printer  of  the  Conven- 
tion, I  shall  suffer  a  heavy  pecuniary  loss,  as  it  is  impossible  to 
sustain  the  State  Journal  without  the  assistance  of  public  pat- 
ronage. I  would  further  remark,  that  twelve  months  ago  I 
came  to  Mississippi,  a  pioneer,  to  establish  a  Republican 
Press  in  this  State;  and  have  thereby  been  instrumental,  to  a 
great  extent,  in  organizing  the  Republican  party,  at  a  time 
when  none  other  had  the  moral  courage  to  assume  the  precarious 
and  responsible  duties  of  publishing  a  Republican  newspapei 
in  the  State. 


494 


That  you  may  be  informed  of  the  disadvantages  I  have  labor- 
ed under,  I  need  but  state  that  it  requires  a  large  cash  outlay 
to  carry  on  the  office.  Material  must  be  paid  for  in  cash;  the 
men  employed  must  have  regular  weekly  settlements;  and 
every  expense  connected  with  the  office  requires  cash  payment. 
The  Convention  being  unable  to  pay  me  in  money,  I  accepted 
warrants,  which  I  was  compelled  to  sacrifice  at  a  heavy  dis- 
count, amounting vup  to  this  time  to  a  direct  loss  to  me  of  four 
thousand  eight  hundred  dollars  ($4,800).  By  being  deprived 
of  the  printing,  I  should  be  compelled  to  relinquish  the  office  to 
Col.  E.  M.  Yerger,  from  whom  I  purchased  it.'  It  would,  there- 
fore, entail  a  loss  upon  me  of  $4,000,  already  paid  on  the  office, 
besides  the  $4,800  lost  discounting  warrants.  Should  the  Con- 
vention interfere  with  the  privileges  of  my  office,  it  would  be  a 
poor  reciprocation  for  the  personal  sacrifices  I  have  made  in 
advancing  the  interests  of  the  Republican  party;  and  could 
only  detract  from  your  dignity  and  reputation  for  fair  dealing. 

It  is  unreasonable  to  suppose  that  the  Convention  will  so 
stultify  itself  as  to  abrogate  its  own  deliberate  act,  and  that, 
too,  without  a  just  excuse  for  so  flagrant  an  exhibition  of  bad 
faith.  If  such  a  precedent  is  established  by  your  honorable 
body,  neither  your  President,  your  Secretary,  your  Auditor,  or 
any  other  officer  of  your  body,  can  feel  securely  installed  in 
office. 

With  an  abiding  confidence  in  the  justness  of  your  decision, 
I  have  the  honor  to  be,  most  respectfully, 
Your  ob't  serv't, 

James  Dugan, 
Convention  Prin ter, 
Mr.  Combash  moved  the  previous  question; 
Which  was  sustained. 

And  the  amendment  was  adopted,  by  the  following  vote: 
Yeas — Messrs.  Alcorn,  Barry,  Ballard,  Beam,  Bonney,  Brinson, 
Caldwell,  Chapped,  Clarke,  Conley,  Dalton,  Dowd,  Drane,  El- 
liott John,  Fawn,  Gibbs,  Handy,  Hauser,  Hemmingway,  Hutto, 
Jacobs,  Jamison,  Johnson  S.,  Johnson  A.,  Leonard,  Moore, 
Morgan,  Myers,  Mygatt,  Mc Knight,  Newsom,  Niles,  Ozanne, 
Parsons  F.,  Parsons  J.  P.,  Peyton  E.  A.,  Phillips,  Powell, 
Quinn,  Railsback,  Stewart,  Stites,  Stovall,  Stringer,  Stiles, 
Townsend,  Toy,  Vaughan,  Warren,  and  Williams — 50. 

Nays — Messrs.  Alder,son,  Combash,  Fitzhugh,  Gaither,  Gray, 
Herbert,  Howe,  Lack,  Lawson,  Leas,  Musgrove,  Montgomery, 
McCutchen,  Neilson,  Orr,  Richardson,  Weir,  and  Yeoman  —18. 

And  the  motion  to  refer  was  carried. 

Mr.  Hauser  moved  to  suspend  the  rules  to  take  up  the  report 
of  the  committee  on  Franchise. 

Mr.  Townsend  moved  to  amend  the  resolution  of  Mr.  Hauser 
as  follows: 

That  no  other  business  be  considered  until  the  question  of 
Franchise  is  disposed  of. 

Mr.  Morgan  moved  to  table  the  amendment  of  Mr.  Town- 
send;  which  was  carried. 


495 


Mr.  Stiles  moved  to  table  the  motion  to  suspend  the  roles; 
Which  was  lost. 

And  the  motion  of  Mr.  Hauser  to  suspend  the  rules  was 
carried. 

And  the  amendment  of  Mr.  Herbert,  introduced  yesterday, 
was  lost,  by  the  following  vote: 

Yeas — Messrs.  Bridges,  Caldwell,  Fitzliugh,  Handy,  Herbert, 
Johnson  A.,  Leas,  Leonard,  Mygatt,  Powell,  Stewart,  ana 
Woodmansee — 12. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Bonne}',  Brinson, 
Chapmon,  Clarke,  Conley,  Dalton,  Dowd,  Elliott  John,  Gaither, 
Gibbs,  Goss,  Gray,  Hauser,  Hemmingway,  Hutto,  Jacobs, 
Johnson  S.,  Lack,  Lawson,  Musgrove,  Montgomeiy,  Moore, 
Morgan,  Myers,  McKnight,  Neilson,  Newsom,  Orr,  Ozanne, 
Parsons  F.,  Parsons  J.  R.,  Pej^ton  E.  A.,  Phillips,  Quinn,  Rails- 
back,  Richardson,  Stites,  Stovall,  Stringer,  Stiles,  Townsend, 
To}T,  Walker,  Warren,  Weir,  and  Yeoman — 40. 

Mr.  Mygatt  introduced  the  following: 

No  person  shall  be  eligible  to  any  office  of  honor,  profit,  or 
trust,  in  this  State,  who  voted  for  secession,  or  signed  the  ordi- 
nance of  secession,  or  who  bore  arms  against  the  United  States, 
or  held  office,  civil  or  military,  under  the  so-called  Confederate 
States,  or  under  any  Confederate  State,  or  who  gave  aid  or 
comfort  to  the  enemies  of  the  LTnited  States;  Provided,  The 
Legislature,  by  a  majority  vote,  may,  on  proof  of  loyalty,  and 
no  other  condition,  remove  said  disabilities,  and  allow  such 
persons  to  hold  any  office  within  the  gift  of  the  people  of  this 
State. 

Mr.  Montgomeiy  moved  to  lay  on  the  table; 
Which  was  carried. 

And  the  amendment  of  Mr.  Alderson,  introduced  March  19th, 
was  taken  up. 
Previous  question  called,  call  not  sustained; 
And  the  amendment  lies  over. 
Mr.  Alderson  moved  to  reconsider. 

Mr.  F.  Parsons  moved  to  table  the  motion  to  reconsider; 
Which  was  carried. 

And  section  7  of  the  report  was  adopted,  and  reads  as  follows : 
Section  7.  In  time  of  war,  insurrection,  or  rebellion,  the 
right  to  vote  at  such  place,  and  in  such  manner  as  shall  be  pre- 
scribed hy  law,  shall  be  enjoyed  by  all  persons  otherwise  enti- 
tled thereto,  who  may  be  in  the  actual  militar}'  or  naval  service 
of  the  United  States  or  this  State;  Provided,  Said  votes  be 
made  to  apply  in  the  county  or  precinct  wherein  they  reside. 
And  section  8  was  adopted,  and  reads  as  follows: 
Sec.  8.  No  elector  shall  be  deemed  to  have  gained  or  lost  his 
residence  by  reason  of  absence  therefrom  in  the  service  of  the 
United  States,  or  of  this  State,  nor  wdiile  engaged  in  the  navi- 
gation of  the  waters  of  this  State,  or  of  the  United  States,  or 
of  the  high  seas,  nor  while  a  student  of  learning,  nor  while 
kept  at  any  asylum  at  public  expense. 
Section  9 : 


496 


Mr.  Ozanne  moved  to  indefinitely  postpone  the  consideration 
of  the  same. 

Mr.  Alderson  moved  to  amend  as  follows: 

Amend  in  second  line,  between  the  word  "  sold '-'  and  the 
word  "on,"  by  inserting  the  words  "or  given  away,"  and  add  to 
the  section  the  words  "  under  such  penalty  as  may  be  pre- 
scribed by  law." 

Mr.  Orr  offered  the  following: 

Provided,  All  places  of  business,  of  every  description,  shall 
also  be  closed  and  that  all  persons  shall  be  required  to  vote  for 
the  Constitution; 

Which  was  laid  on  the  table. 

Mr.  Chappell  moved  to  amend  as  follows:  Insert  the  words 
"  or  drank,"  after  the  amendment  of  the  gentleman  from  Jeffer- 
son. 

The  special  order  of  the  dajr  was  called  up,  being  the  resolu- 
tion offered  by  Mr.  Vaughan  in  relation  to  printing  the  official 
journal  in  book  form. 

Mr.  Phillips  offered  the  following: 

Besolved,  That  the  printing  of  the  Constitution,  debates,  etc., 
be  let  out  to  the  lowest  bidder. 

Mr.  Gibbs  moved  to  defer  the  consideration  of  the  subject 
until  the  committee,  having  under  consideration  the  matter  of 
the  removal  of  the  Public  Printer,  report; 

Which  was  carried. 

Mr.  Orr  moved  that  the  rules  be  suspended  in  order  that  a 
motion  to  adjourn  might  be  offered. 
A  motion  to  table  was  lost. 
Mr.  E.  A.  Peyton  moved  the  previous  question; 
Which  was  sustained. 

And  the  motion  of  Mr.  Orr  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Barry,  Chapman,  Elliott  John,  Gai- 
ther,  Herbert,  Jamison,  McCutchen,  Orr,  Parsons  J.  P.,  Pow- 
ell, Richardson,  Stiles,  Town  send,  Toy,  Williams — 16. 

Nays — Messrs.  Alderson,  Bonney,  Bridges,  Brinson,  Cald- 
well, Chappell,  Conlejr,  Dowd,  Drane,  Fawn,  Fitzhugh,  Gibbs, 
Goss,  Gray,  Haiufv,  Hemming  way,  Hutto,  Jacobs,  Johnson  S., 
Johnson  A.,  Lack,  Lawson,  Leas,  Musgrove,  Moore,  Myers, 
Mygatt,  Newsom,  Mies,  Parsons  F.,  Peyton  E.  A.,  Phillips, 
Railsback,  Stewart,  Stites.  Stringer,  Vaughan,  Warren,  Weir, 
Yeoman — 40. 

Mr.  Gibbs  moved  to  reconsider  the  vote; 

Pending  which,  the  Convention  adjourned  until  9  o'clock 
to-morrow  mornin g\ 

T.  P.  Sears, 
Secretary. 


497 


EIGHTY-SECOND  DAY. 

Jackson,  Miss.,  Friday,  April  10th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Chapman,  Chap- 
pell,  Clarke,  Combash,  Conley,  Cunningham,  Dalton,  Dowd, 
Drane,  Elliott  John,  Fitzhugh,  Fawn,  Gaither,  Gibbs,  Goss, 
Gray,  Handy,  Hauser,  Hemmingway,  Herbert,  Hutto,  Jacobs, 
Johnson  S.,  Johnson  A.,  Lack,  Lawson,  Leas,  Leonard,  Long- 
mire,  Maj^son,  Musgrove,  Montgomery,  Moore,  Morgan,  Myers, 
Mygatt,  McCutchen,  McKnight,  Newsom,  Niles,  Orr,  Ozanne, 
Parsons  J.  R.,  Parsons  F.,  Pe3Tton  E.  A.,  Phillips,  Powell, 
Railsback,  Richardson,  Stewart,  Stites,  Stovall,  Stringer,  Stiles, 
Townsend,  Toy,  Vaughan,  Walker,  Warren,  Weir,  Williams, 
Woodmansee,  and  Yeoman — 73. 

The  following  delegates  were  absent: 

Messrs.  Castello,  Compton,  Collins,  Elliott  James,  Field, 
Holland,  Howe,  Jones,  Kerr,  Mask,  Miles,  McKee,  Neilson, 
Nelms,  Nesbitt,  Peyton  E.  G.,  Quinn,  Rainey,  Smith,  and  Wat- 
son—20. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted,  to  Mr.  Lack  from  day  to  day; 
to  Mr.  Hutto  until  Wednesday  next;  to  Mr.  Nesbitt  for  ten 
clays;  to  Mr.  Neilson  for  five  days;  to  Mr.  Walker  for  ten  days; 
to  Mr.  James  Elliott  for  five  days;  to  Mr.  Stewart  for  seven 
days;  to  Mr.  Richardson  until  Monday  next,  and  to  Mr.  Myers 
until  Tuesday. 

Mr.  Vaughan  moved  that  sundry  accounts  for  Sheriff's  ser- 
vices in  Lafayette  county,  in  the  Convention  election,  be  referred 
to  the  Finance  Committee; 

Which  was  laid  on  the  table. 

A  remonstrance  against  the  formation  of  a  new  county, 
from  sundry  citizens  of  Tishomingo,  and  asking  that  so  much 
of  the  ordinance  in  reference  to  creating  new  counties  as 
relates  to  Columbia  count}r  be  repealed,  was  referred  to  the 
committee  on  Count}T  Boundaries. 

Mr.  Chapman  introduced  the  following: 

IZesolved,  That  five  thousand  copies  of  the  report  of  tl  e 
committee  on  Public  Lands  be  printed  in  pamphlet  form  ft  r 
distribution. 

A  motion  to  lay  on  the  table  was  lost. 

Previous  question  called,  call  sustained;  and  the  resolution 
was  adopted,  b^  the  following  vote : 

Yeas — Messrs.  Ballard,  Barry,  Bridges,  Brinson,  Caldwell, 
Chapman,  Chappell,  Clarke,  Combash,  Drane,  Fawn,  Handy, 
Herbert,  Jacobs,  Johnson  A.,  Lawson,  Leas,  Leonard,  Mavson, 
C— 32 


498 


Moore,  Morgan,  Myers,  Mygatt,  MeKnight,  Newsom,  Ozanne, 
Parsons  J.  R.,  Parsons  F.,  Peyton  E.  A.,  Powell,  Railsbaek, 
Richardson,  Stewart,  Stites,  Stringer,  Stiles,  Toy,  Warren,  Wil- 
liams, Wooclmansee,  and  Yeoman — 41. 

Nays — Messrs.  Alcorn,  Beam,  Bonney,  Conley,  Cunningham, 
Dalton,  Dowel,  Elliott  John,  Fitzhugh,  Gaither,  Gibbs,  Goss, 
Gray,  Hemmingway,  Howe,  Hutto,  Jamison,  Johnson  S.,  Lack, 
Longmire,  Musgrove,  Montgomery,  McCutchen,  Niles,  Orr, 
Phillips,  Stovall,  Townsend,  Vaughan,  Walker,  and  Weir — 3L 

Mr.  Stiles  moved  to  reconsider. 

Mr.  Stringer  moved  to  lay  on  the  table ; 

Which  was  lost. 

Mr.  Cunningham  moved  the  previous  question,  which  was 
sustained;  and  the  motion  to  reconsider  prevailed,  by  the  fol- 
lowing vote : 

Yeas — Messrs.  Alderson,.  Alcorn,  Barry,  Beam,  Bonney^ 
Bridges,  Conley,  Cunningham,  Dalton,  Dowd,  Elliott  John, 
Fawn,  Fitzhugh,  Gaither,  Gibbs,  Goss,  Gray,  Hemmingway, 
Herbert,  Howe,  Hutto,  Jacobs,  Jamison,  Johnson  S.,  Lack,  Law- 
son,  Leas,  Longmire,  Musgrove,  Montgomery,  McKnight, 
Niles,  Orr,  Ozanne,  Parsons  F.,  Phillips,  Powell,  Railsback 
Richardson,  Stites,  Stovall,  Stiles,  Townsend,  Vaughan,  Walker 
Weir,  and  Yeoman — 47. 

Nays — Messrs.  Ballard,  Caldwell,  Chapman,  Chappell,  Clarke, 
Cornbash,  Drane,  Hand}^,  Johnson  A.,  Mayson,  Moore,  Morgan, 
Myers,  Mygatt,  Newsom,  Parsons  J.  R.,  Peyton  E.  A.,  Stewart. 
Stringer,  and  Warren — 20. 

Mr.  Cunningham  moved  the  previous  question,  which  was 
sustained;  and  the  resolution  was  lost. 

Mr.  Cunningham  moved  to  suspend  the  rules  and  take  up 
the  report  of  the  committee  on  Franchise; 

Which  was  carried. 

The  amendment  of  Mr.  Alderson,  introduced  on  the  19th  of 
March,  to  section  5,  came  up  for  consideration. 

Mr.  Morgan  submitted  the  following  amendment  to  the 
amendment : 

Amend  section  5  by  striking  out  all  after  the  word  "ac- 
counts," in  the  fifth  line,  and  insert  so  that  the  section  will 
read  as  followrs: 

No  person  shall  ever  be  eligible  to  the  office  of  Governor, 
Lieutenant  Governor,  Secretary  of  State,  Treasurer,  Attorney 
General,  Auditor  of  Public  Accounts,  Superintendant  of  Pub- 
lic Instruction,  or  to  a  seat  in  either  branch  of  the  Legislature, 
or  to  the  office  of  Judge  of  any  Court,  or  Sheriff  of  any  county, 
or  Mayor  of  any  city  or  town,  or  to  the  office  of  Justice  of  the 
Peace  in  this  State,  whoever  held  any  office  of  profit  or  trust, 
civil  or  militaiy,  by  election  or  appointment,  under  the  so-called 
Confederate  Government,  or  under  the  Government  of  any  of 
the  so-called  Confederate  States,  or  whoever  voluntarily  bore 
arms  against  the  United  States,  or  aided  or  abetted  the  said 
Confederate  Government  or  rebellion  against  the  United  States 
in  any  measure,  except  all  persons  who-  aided,  reconstruction 


499 


by  voting  for  this  Convention,  until  they  shall  have  had  all 
political  disabilities  removed  prior  to  election  or  appointment 
to  any  office  by  a  majority  vote  of  the  Legislature  on  joint  bailor, 
the  Governor  concurring  therein. 
Mr.  Gibbs  offered  the  following: 

Besolced.  That  the  section  and  all  the  amendments  offered 
thereto,  be  referred  to  a  special  committee  of  five. 
Mr.  Stringer  mo^ed  to  table  the  resolution; 
Which  was  lost. 

Mr.  Herbert  moved  to  amend  the  resolution  of  Mr.  Gibbs  as 
follows : 

That  the  whole  subject  be  referred  to  Committee  of  the  Whole ; 
Which  was  carried. 

The  Convention  went  into  Committee  of  the  Whole,  com- 
mittee rose,  and  through  their  chairman.  Mr.  Musgrove,  re- 
ported progress. 

Mr.  Orr  moved  to  table  the  amendment  of  Mr.  Morgan: 

Which  was  lost,  by  the  following  vote  : 

Yeas — Messrs.  AldersOn,  Alcorn.  Beam.  Dalton,  Dowd. 
Elliott  John.  Gaither.  Goss,  Gray.  Hernniingway,  Howe.  Hutto, 
Jacob?.  Jamison.  Johnson  S.,  Longmire,  Musgrove.  Mont- 
gomery. McCutchen,  Niles,  Orr.  Parsons  F..  Phillips.  Rails- 
back.  Stovail.  Stiles.  Townsend.  Vaughan,  Walker,  and  War- 
ren—30. 

Nays — Messrs.  Barry.  Bonney,  Bridges.  Brinson,  Caldwell, 
Chappell.  Clarke.  Combash.  Cunningham,  Drane.  Fawn.  Fitz- 
hugh.  Gibbs.  Handy.  Herbert,  Johnson  A..  Lawson.  Leas, 
Leonard.  Mayson.  Moore.  Morgan.  Myers.  Mygatt,  McKnignt, 
Newsom,  Ozanne.  Peytan  E.  A.,  Powell.  Richardson,  Stewart, 
Stringer,  Weir.  Williams.  Woodmansee.  and  Yeoman — 36. 

Mr.  Gibbs  moved  to  suspend  the  rules,  to  permit  the  intro- 
duction of  a  resolution. 

Mr.  Parsons,  of  Adams,  moved  to  table; 

"Which  was  lost,  by  the  following  vote: 

Yeas — Messrs,  Fitzhugh,  Leas,  Parsons  F.,  Warren.  Weir. 
Woodmansee — 6. 

Nays — Messrs.  Alderson,  Alcorn,  Barry.  Beam.  Bonney, 
Bridges.  Brinson.  Caldwell,  Clarke,  Combash,  Conley,  Cunning- 
ham. Dalton.  Dowd.  Drane.  Elliott  John,  Fawn.  Gaither.  Gibbs, 
Goss,  Gray.  Handy,  Hemmingway,  Herbert,  Howe,  Hutto, 
Jacobs,  Johnson  S.,  Johnson  A..  Leonard.  Longmire,  Mayson, 
Musgrove.  Montgomery,  Moore,  Morgan.  Myers.  McKnight, 
Mygatt,  Xewsom,  Niles,  Orr,  Ozanne,  Peyton  E.  A..  Phillips, 
Powell.  Railsback,  Richardson.  Stewart,  Stovail.  Stringer.  Stiles, 
Townsend.  Vaughan,  Walker,  Williams,  and  Yeoman — 57. 

And  the  motion  to  suspend  the  rules  was  carried. 

Convention  adjourned  until  to-morrow  morning,  at  9  o'clock. 

T.  P.  Sears, 
Secretary. 


500 


EIGHTY-THIRD  DAY. 

Jackson,  Miss.,  Saturday,  April  11th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates,  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam. 
Bridges,  Brinson,  Caldwell,  Chapman,  Chappell,  Clarke,  Com 
bash,  Conley,  Cunningham,  Dalton,  Dowd,  Drane,  Elliott  John, 
Fawn,  Gaither,  Gibbs,  Goss,  Graj^,  Handy,  Hauser,  Hemming* 
way,  Herbert,  Howe,  Jacobs,  Jamison,  Johnson  Sa,  Johnson  A., 
Lawson,  Leas,  Leonard,  Longmire,  Mayson,  Musgrove,  Mont  - 
gomery, Moore,  Morgan,  Myers,  Mygatt,  McCutchen,  Newsom, 
Niies,  Ozanne,  Parsons  F.,  Parsons  J.  P.,  Peyton  E.  A.,  Phil- 
lips, Powell,  Quinn,  Eailsbacfe,  Stewart,  Stites,  Stovall,  Stiles, 
Townsencl,  Vaughan,  Weir,  Williams,  Woodmansee,  and  Yeo- 
man— 64. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Bonney,  Castello,  Collins,  Compton,  Elliott 
James,  Fitzhugh,  Field,  Holland,  Hutto,  Jones,  Kerr,  Lack, 
Mask,  Miles,  McKee,  McKnight,  Neilson,  Nelms,  Nesbitt,  Orr, 
Peyton  E.  G.,  Eainey,  Richardson,  Smith,  Stringer,  Toy,  Walker, 
Watson,  Warren— 30. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted,  to  Mr.  McKee  for  two  days : 
Mr.  Bonney  for  one  day;  Mr.  Castello  for  two  days;  Mr.  Mc- 
Knight for  four  days;  Mr.  Orr  for  one  day;  Mr.  Bridges  for  two 
days;  Mr.  Jones  from  day  to  day,  and  Mr.  Cunningham  until 
Monday  next. 

Mr.  Cunningham  moved  to  suspend  the  rules  to  take  up  the 
report  of  the  committee  on  Franchise. 

The  amendment  of  Mr.  Morgan,  submitted  yesterday,  was 
taken  up. 

Mr.  Fitzhugh  moved  the  previous  question; 
Which  was  sustained; 

And  the  amendment  of  Mr.  Morgan  was  lost,  by  the  follow 

ing  vote: 

Yeas — Messrs.  Barry,  Bridges,  Brinson,  Caldwell,  Chapman, 
Clarke,  Combash,  Drane,  Fawn,  Hand}T,  Johnson  A.,  Leas, 
Leonard,  Mayson,  Moore,  Morgan,  Myers,  Mygatt,  Ozanne, 
Peyton  E.  A.,  Powell,  Stewart,  Stringer,  Toy,  Weir,  Woodman  - 
see,  and  Yeoman — 27, 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Chappell 
Conle}',  Cunningham,  Dalton,  Elliott  John,  Fitzhugh,  Gaither. 
Gibbs,  Goss,  Gray,  Hauser,  Hemmingway,  Herbert,  Howe, 
Jacobs,  Jamison,  Johnson  S.,  Lawson,  Longmire,  Musgrove, 
Montgomery,  McCutchen,  Newsom,  Mies,  Parsons  F.,  Parsons 
J.  P.,  Phillips,  Quinn,  Railsback,  Stites,  Stovall,  Stiles,  Town- 
send,  Vaughan,  and  Warren — 40. 

And  the  amendment  of  Mr.  Alderson  was  lost, 


501 


Section  5,  as  amended  March  20,  was  lost,  by  the  following 
rote; 

Yeas — Messrs.  Barry,  Bridges  Clarke.  Drane.  Fawn,  Lawson, 
Maysoh,  Moore,  Mygatt,  Powell,  Stewart,  and  Toy — 12. 

Xays — Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Brinson, 
Caldwell,  Chapman,  Chappell,  Combash,  Conley,  Cunningham, 
Dalton,  Elliott  John.  Fitzhugh,  Gaither,  Gibbs,  Goss,  Gray, 
Handy.  Hemmingway,  Herbert,  Howe,  Jacobs.  Jamison,  John- 
son S.,  Johnson  A..  Leas.  Leonard,  Longmire,  Musgrove,  Mont- 
gomery, Morgan,  Myers,  McCutehen,  Newsom,  Niles,  Ozanne, 
Parsons  F.,  Parsons  J.  R..  Peyton  E.  A.,  Phillips,  Quinn.  Rails- 
back,  Stltes,  Stovall,  Stringer,  Stiles,  Townsend.  Yaughan, 
Warren,  Weir.  Williams,  Woodinansee,  and  Yeoman — 54. 

Section  9: 

The  amendment  of  Mr.  Chappell  to  the  amendment  was  lost, 
Mr.  Conley  moved  to  amend  by  adding: 

•■  And  it  shall  be  the  duty  of  the  Legislature  to  enact  such 
laws  as  may  be  necessary  to  carry  out  this  provision,  and 
effectually  prevent  a  violation  thereof.  " 

Mr.  Gibbs  moved  to  table  the  section  and  amendment  thereto  j 

Which  was  carried. 

Section  10: 

Mr.  F.  Parsons  ofered  the  following  amendments 
Strike  out  all  after  section  10,  and  insert  the  following:  "  No 
person  shall  be  eligible  to  any  office,  civil  or  military,  in  this 
State,  who  signed  fche  ordinance  of  secession,  in  the  Convention 
of  1861,  or  who,  having  previously  taken  an  oath  to  support 
the  Constitution  of  the  United  States,  shall  have  engaged  in 
rebellion  against  the  same,  or  given  aid  and  comfort  to  the 
enemies  thereof;  but  the  Legislature  may  remove  such  disabili- 
ties upon  satisfactory  proof  of  loyalty  to  the  Constitution  and 
Government  of  the  United  States,  and  to  the  Constitution  and 
Government  of  the  State  of  Mississippi.  " 

A  motion  to  lay  the  amendment  on  the  table  was  lost,  by  the 
following  vote : 

Yeas — Messrs,  Ballard,  Clarke,  Combash,  Cunningham, 
Drane,  Gaither,  Gibbs,  Goss,  Gray,  Howe,  .Johnson  S.,  Leas, 
Longmire,  Morgan,  Mygatt,  McCutchen,  Ozanne,  Powell, 
Stewart,  Stovall,  Vaugban,  Woodinansee,  and  Yeoman — 23. 

r> ays — Messrs,-  Alderson,  Alcorn,  Beam,  Bridges,  Brinson, 
Caldwell,  Chappell.  Conley,  Dalton,  Elliott  John,  Fiizhugh, 
Handy,  Hauser,  Hemmingway,  Herbert,  Jacobs,  Jamison,  John- 
son A..  Lawson,  Leonard,  Musgrove,  Montgomery,  Moore, 
Myers,  Newsom,  Xiles,  Parsons  F,,  Parsons  I.  R.,  Peyton  E.  A., 
Phillips,  Railsback,  Stites,  Stringer,  Stiles,  Townsend,  Toy. 
Warren,  and  Weir — 38. 

Mr.  Hemmingway  submitted  the  following: 

That  no  person  shall  be  disqualified  for  holding  office  except 
such  as  are  precluded  by  the  proposed  amendment  to  the  Con- 
stitution of  the  United  States,  known  as  article  14,  to-wit : 
6i  Xo  person  shall  ever  be  a  Senator  or  Representative  in  Con- 
gress, or  elector  for  President  or  Vice  President,  or  hold  any 


502 

office,  civil  or  military,  under  the  United  States,  or  under  any 
State,  who  having  previously  taken  an  oath  as  member  of 
Congress  or  as  an  officer  of  the  United  States  or  as  a  member 
of  any  State  Legislature,  or  as  an  Executive  or  Judicial  officer 
of  any  State  to  support  the  Constitution  of  the  United  States, 
shall  have  engaged  in  insurrection  or  rebellion  against  the 
same,  or  given  aid  and  comfort  to  the  enemies  thereof.  But 
Congress  ma}^,  by  a  two-thirds  vote  of  each  House,  remove 
such  disability." 

A  motion  to  lay  on  the  table  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Caldwell,  Chappell,  Clarke,  Cunningham, 
Drane,  Fitzhugh,  Jacobs,  Lawson,  Leas,  M/ygatt,  Newsom,  Par- 
sons F.,  Parsons  J.  R.,  Peyton  E.  A.,  Powell,  Railsback,  Stew- 
art, To}7-,  Vaughan,  Warren,  Weir,  Woodmansee,  Yeoman — 23. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Bridges, 
Brinson,  Combash,  Conley,  Dalton,  Elliott  John,  Fawn,  Gaither, 
Gibbs,  Goss,  Gray,  Handy,  Hauser,  Hemmingway,  Herbert, 
Howe,  Jamison,  Johnson  S.,  Johnson  A.,  Leonard,  Longmire, 
Mayson,  Musgrove,  Montgomery,  Moore,  Morgan,  Myers,  Mc- 
Cutchen,  Niles,  Ozanne,  Phillips,  Stites,  Stovall,  Stringer,  Stiles, 
and  Townsend — 40. 

Mr.  Mygatt  moved  to  indefinitely  postpone  the  section  and 
amendments. 

Mr.  Fitzhugh  moved  to  lay  on  the  table; 

Which  was  carried. 

Mr.  Morgan,  moved  the  previous  question,  which  was  not 
sustained;  and  the  section  lies  over. 
Section  11: 

Previous  question  not  sustained,  and  the  section  lies  over. 
Mr.  Cunningham  offered  the  following  as  an  additional  sec- 
tion : 

No  person  shall  ever  be  eligible  to  the  office  of  Governor, 
Lieutenant  Governor,  Secretary  of  State,  Treasurer,  Attorney 
General,  Auditor  of  Public  Accounts,  Superintendent  of  Pub- 
lic Instruction,  or  to  a  seat  in  either  branch  of  the  Legislature, 
or  to  the  office  of  Judge  of  any  Court,  or  Sheriff  of  any  county, 
or  Mayor  of  any  city  or  town,  or  to  the  office  of  J ustice  of  the 
Peace  in  this  State,  whoever  held  any  office  of  profit  or  trust, 
civil  or  military,  by  election  or  appointment  under  the  so-called 
Confederate  Government,  or  under  the  government  of  any  of 
the  so-called  Confederate  States,  or  who,  at  anytime  prior  to 
the  late  war,  advocated  the  secession  of  the  State  of  Missis- 
sippi from  the  United  States  Government,  or  voted  for  the 
secession  candidates  to  the  Convention  of  this  State  which 
passed  the  ordinance  of  secession,  and  placed  the  State  of 
Mississippi  in  rebellion  against  the  Government  of  the  United 
States,  except  those  who  aided  reconstruction  by  voting  for 
this  Convention. 

Mr.  Warren  offered  the  following  amendment: 
No  person  shall  hold  any  office,  civil  or  military,  in  this  State, 
who  is  disqualified  by  the  proposed  amendment  to  the  Consti- 
tution of  the  United  States,  known  as  article  fourteen,  but  the 


503 


Legislature  may,  upon  joint  ballot,  remove  sueli  disabilities  as 
Congress  has  previously  removed. 

Mr.  Combash  offered  the  following  amendment  to  the  amend 
ment: 

No  person  shall  hold  office  in  this  State,  civil  or  military,  who. 
having  previously  taken  an  oath  as  member  of  Congress,  or  as 
an  officer  of  the  United  States,  or  as  a  member  of  any  State 
Legislature,  or  as  an  executive  or  judicial  officer  of  any  State, 
to  support  the  Constitution  of  the  United  States,  shall  have 
engaged  in  insurrection  or  rebellion  against  the  same,  or  given 
aid  and  comfort  to  the  enemies  thereof;  but  the  Legislature 
may,  by  a  vote  of  two-thirds  of  each  house,  remove  such  disa- 
bility; Provided,  however,  That  no  person  shall  vote  for  or 
against  any  civil  officer  who  did  not  vote  for  this  Convention, 
unless  he  shall  first  take  and  sign  an  oath  that  he  will  support 
and  vote  for  the  ratification  of  this  Constitution  and  obey  such 
laws  as  may  be  passed  by  the  Legislature  in  accordance  with,  its 
provisions. 

Which  was  laid  on  the  table, 

Mr.  Gibbs  moved  to  lay  the  section  and  amendment  thereto 
on  the  table. 

A  division  of  the  question  being  called,  the  motion  to  table 
the  amendment  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Bridges,  Brinson,  Clarke,  Cunning- 
ham, Drane,  Fawn,  Fitzhugh,  Gibbs,  Jacobs,  Jamison,  Leas, 
Moore,  Mygatt,  Newsom,  Ozanne,  Parsons  F.,  Powell,  Stewart, 
Stringer,  Toy,  Vaughan,  Weir,  Woodmansee,  and  Yeoman — 25. 

Nays -Messrs.  Ballard,  Beam,  Caldwell,  Combash,  Conley, 
Dalton,  Elliott  John,  Gaither,  Goss,  Gray,  Handy,  Hauser- 
Hemmingway,  Herbert,  Howe,  Johnson  S.,  Johnson  A.,  Law- 
son,  Leonard,  Longmire,  Mayson,  Musgrove,  Montgomery- 
Morgan,  Myers,  McCutchen,  Niles,  Peyton  E.  A.,  Phillips, 
Railsback,  Stovall,  Stiles,  Townsend,  and  Warren — 34. 

And  so  much  of  the  motion  to  table  as  relates  to  laying  the 
section  on  the  table,  was  lost,  by  the  following  vote: 

Yeas-— Messrs.  Alderson,  Ballard,  Beam,  Conley,  Dalton, 
Elliott  John,  Fawn,  Gaither,  Gibbs,  Goss,  Gray,  Hemmingway, 
Herbert,  Howe,  Jacobs,  Johnson  &,  Longmire,  Musgrove-, 
Montgomery,  McCutchen,  Niles,  Parsons  F.,  Phillips,  Railsback, 
Stovall,  Stiles,  Townsend,  Vaughan,  anc1  Warren — 29. 

Nays — Messrs.  Bridges,  Brinson,  Chappell,  Clarke,  Combash, 
Cunningham,  Drane,  Fitzhugh,  Handy,  Hauser,  Jamison,  John 
son  A.,  Lawson,  Leas,  Leonard,  Mayson,  Moore,  Morgan,  Myers, 
Mygatt,  Newsom,  Ozanne,   Peyton  E.  A.,  Powell,  Stewart. 
Stringer,  Toy,  Weir,  Woodmansee,  and  Yeoman — 30. 

Mr.  Gibbs  moved  the  previous  question ; 

Which  was  sustained. 

And  the  amendment  of  Mr.  Warren  was  adopted. 

And  the  section  introduced  by  Mr.  Cunningham,  as  amended, 
was  lost,  by  the  following  vote: 

Yeas — Messrs.  Bridges,  Caldwell,  Chappell,  Clarke,  Cunning 
iiam?  Fawn,  Handy,  Hauser,  Johnson  A.,  Lawson,  Leas,  May 


504 


son,  Musgrove,  Moore,  Morgon,  Myers,  Mygatt,  Ozanne,  Pey- 
ton E.  A.,  Powell,  Stewart,  Stringer,  Styles,*Toy,  Warren,  Weir, 
Williams,  Woodmanssee,  and  Yeoman — 29. 

Nays — Messrs,  Alderson,  Ballard,  Barry,  Beam,  Brinson, 
Combash,  Conley,  Dalton,  Elliott  John,  Fitzhugb,  Gaither, 
Gibbs,  Goss,  Gray,  Hemmingway,  Herbert,  Howe,  Jacobs, 
Jamison,  Johnson  S,  Longmire,  Montgomeiy,  McCutchen,  Mies, 
Parsons  F.,  Phillips,  Railsback,  Stovall,  Town  send,  and 
Yaughan — 30. 

Convention  adiourned  until  Monday  morning,  at  9  o'clock. 

T.  P.  Sears. 

Secretary* 


EIGHTY-FOURTH  DAY. 

Jackson,  Miss.,  Monday,  April  13th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  thesr  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Barry,  Ballard, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Chappell,  Clarke, 
Combash,  Conley,  Dalton,  Drane,  Elliott  John,  Fawn,  Fitzhugb, 
Gaither,  Gibbs,  Gray,  Handy,  Hauser,  Hemmingway,  Her- 
bert, Howe,  Jacobs,  Jamison,  Johnson  A.,  Lawson,  Leas, 
Leonard,  Longmire,  Mayson,  Musgrove,  Montgomeiy,  Moore, 
Morgan,  Myers,  Mygatt,  McCutchen,  Nesbltt,  Newsom,  Niles, 
Orr,  Ozanne,  Parsons  F.,  Parsons  J.  B.,  Peyton  E.  A.,  Phil- 
lips, Powell,  Quinn,  Railsback,  Stewart,  Stites,  Stovall, 
Stringer,  Stiles,  Toy,  Townsend,  Vaughan,  Warren,  Weir, 
Williams,  Woodmansee,  and  Yeonaan — 6>7. 

The  following  delegates  wxre  absent: 

Messrs.  Castello,  Chapman,  Collins,  Compton,  Cunningham, 
Dowd,  Elliott  Jas.,  Field,  Goss,  Holland,  Hutto,  Job.  son  8., 
Jones,  Kerr,  Lack,  Mask,  Miles,  McKee,  McKnight,  Neilson, 
Nelms,  Peyton,  E.  G.,  Raftrey,  Richardson,  Smith,  Walker, 
and  Watson— -27. 

Journal  of  Saturday  was  read  and  approved. 

Leaves  of  absence  was  granted,  to  Mr.  Dowd  for  five  days ; 
Mr.  Compton  for  one  week;  Mr.  Chapman  for  three  days. 

The  committe-e  on  Contingent  Expenses  reported  the  follow- 
ing: 

Mr,  President:  The  committee  on  Contingent  Expenses^  t€> 


505 


whom  was  referred  the  annexed  account,  after  due  examination, 
found  the  same  correct,  and  recommend  that  it  be  allowed. 

Respectfully, 

U.  OZANNE, 

Chairman. 
W.  H.  Gibbs, 

S.  C.  CoXLEY. 

J.  Railsback, 
Jxo.  C.  Brixsox. 

Committee. 

Jackson,  Miss.,  April  £)th,  1868. 

The  State  of  Mississippi, 

To  Tazwell  Jones,  Dr. 

To  chopping  wood,  and  other  services  rendered  the  State 
in  taking  care  of  buildings  connected  with  the  Capitol, 
from  March  21,  to  April  9,  1868—19  days,  at  $2  50  per 
day  ,  "  $17  50 

The  certificate  of  the  Sergeant-at-Arms,  X.  G.  Gill,  is  ap- 
pended to  the  above,  certifying  to  the  correctness  of  the  same, 
and  the  rendering  of  the  services  as  stated  in  the  bill. 

Report  received. 

Rules  suspended,  account  allowed,  and  warrant  ordered  to  be 
issued. 

Mr.  E.  A.  Peyton  offered  the  following: 

Resolved.  That  the  President  of  this  Convention  is  hereby 
authorized  to  add  two  additional  members  to  the  committee 
appointed  to  investigate  the  affairs  of  the  Public  Printer; 

Which  was  adopted. 

Whereupon  the  Chair  appointed  Mr.  Peyton,  of  Hinds,  and 
Mr.  Bridges,  of  Choctaw. 

Mr.  Alderson  offered  the  following : 

Whereas,  It  has  become  the  duty  of  the  Auditor  of  Public 
Accounts  to  issue  warrants  in  payment  of  all  expenses  of  this 
Convention,  and  make  settlements  with  the  various  Tax  Col- 
lectors of  this  State,  and  do  a  large  amount  of  business  over 
and  above  the  regular  duties  of  his  office:  therefore,  be  it 

Resolved.  That  it  is  proper  and  right  that  this  Convention 
should  allow  the  said  Auditor  a  just  compensation  for  said  ser- 
vices: and  be  it  further 

Resolved,  That  a  committee  of  five  be  appointed  to  confer 
with  the  said  Auditor  and  ascertain  the  extra  labor  and  expense 
occasioned  by  reason  of  the  additional  services  imposed  on 
him  as  above  stated:  also  to  ascertain  what  additional  labor  is 
imposed  on  the  State  Treasurer  and  report  what  would  be  a 
just  compensation  to  said  Treasurer  for  said  extra  services: 

Which  was  adopted. 

Mr.  Gibbs.  of  Wilkinson,  offered  the  following: 
Resolved,  That  50,000  copies  of  the  ordinance  on  Contracts, 
passed  by  this  Convention,  be  printed  in  circular  form  for  cir- 


506 


dilation,  and  that  the  Commanding  General  of  this  district  be 
requested  to  enforce  the  provisions  of  the  same; 
Which  was  adopted. 

Mr.  Gibbs,  of  Wilkinson,  offered  the  following: 

Resolved,  That  the  committee  on  Printing  be,  and  are  hereby 
ordered  to  report  what  accounts  have  been  audited  by  said 
committee  for  printing  the  Journal,  etc.,  in  the  Meridian  Chron- 
icle and  Vicksburg  Republican,  and  how  much  money  has  been 
paid  said  papers ; 

Which  was  adopted. 

Mr.  Fitzhugh  offered  the  following: 

Whereas,  The  subject  of  mixed  schools  is  left  by  this  Con- 
stitution to  the  Legislature;  therefore,  be  it 

Resolved,  That  it  is  the  sense  of  this  Convention  that  sepa- 
rate schools  for  the  races  ought  not  to  be  established. 

Mr.  Morgan  moved  to  table; 

Which  was  carried. 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Beam,  Bon- 
ney,  Bridges,  Brinson,  Caldwell,  Chappell,  Clarke,  Conley, 
Drane,  Fawn,  Gaither,  Gibbs,  Goss,  Graj7,  Handy,  Hanser, 
Hemmingway,  Herbert,  Howe,  Jacobs,  Jamison,  Lawson,  Leas, 
Leonard,  Longmire,  Musgrove,  Montgomery,  Moore,  Morgan, 
Mygatt,  McCutchen,  Newsom,  Orr,  Ozanne,  Parsons  F.,  Par^ 
sons,  J.  R.,  Peyton  E.  A,,  Phillips,  Powell,  Quinn,  Railsback, 
Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Townsend,  T037,  Vaugh- 
an,  Warren,  Weir,  Williams,  Woodmansee,  and  Yeoman — 58. 

Nays— Mr.  Fitzhugh — 1. 

Mr.  Morgan  presented  a  communication  from  C.  T.  Lawson, 
claiming  additional  pay  as  clerk  of  committee  on  Count}7  Boun- 
daries ; 

Which  was  received. 

Mr.  Morgan  moved  its  reference  to  the  committee  on  Con- 
tingent Expenses. 

Mr.  Parsons,  of  Adams,  moved  to  amend,  by  referring  to 
committee  on  County  Boundaries. 

Mr.  Morgan  moved  to  amend,  as  follows: 

That  the  petition  be  referred  to  the  committee  on  Contingent 
Expenses,  to  investigate  the  claim,  and  report  thereon. 

The  previous  question  was  called,  call  sustained; 

And  the  amendment  of  Mr.  Morgan  was  adopted. 

And  the  motion  of  Mr.  Parsons,  as  amended,  was  carried. 

Mr.  Fitzhugh  moved  to  suspend  the  rules,  to  permit  the  in- 
troduction of  a  resolution. 

The  rules  were  suspended,  and  Mr.  Parsons  offered  the  fol- 
lowing : 

Resolved,  That  the  State  Treasurer  be  requested  to  furnish 
this  Convention  with  the  names  of  all  Sheriffs  who  have  not 
made  their  reports  to  him,  in  accordance  with  section  seven  of 
an  Ordinance  passed  by  this  Convention,  February  27th,  1868, 
levying  a  tax  to  defra}7  the  expenses  of  the  same. 

Which  was  adopted. 


507 


The  report  of  the  committee  on  Franchise  came  up  for  con- 
sideration. 

Mr.  Alcorn  moved  to  postpone  until  to-morrow  morning,  at 
10  o'clock. 

Mr.  Clarke  moved  to  table; 
Which  was  lost. 

And  the  motion  of  Mr.  Alcorn  was  carried. 

Report  of  committee  on  Ordinance  and  Schedule  came  up  for 
its  second  reading. 

And  Mr.  Gibbs,  of  Wilkinson,  moved  to  take  up  the  minority 
report  upon  the  same. 

Mr.  Clarke,  of  Yazoo,  moved  to  take  up  majority  report. 

Mr.  Fitzhugh  moved  to  table; 

Which  was  lost. 

And  the  motion  of  Mr.  Clark  was  lost. 
And  the  motion  of  Mr.  Gibbs  was  carried. 
Paragraph  1  came  up  for  consideration,  viz:  the  mode  of 
revising  the  Constitution. 

Mr.  Musgrove  offered  the  following: 

If  more  than  one  amendment  shall  be  submitted  atone  time, 
they  shall  be  submitted  in  such  manner  and  form  that  the 
people  may  vote  for  or  against  each  amendment  separately; 

Which  was  adopted. 

Mr.  Herbert  moved  to  amend,  as  follows: 
Insert  the  words,  "  of  the  members  present,"  after  the  word 
"thirds,"  in  first  line. 
Which  was  laid  on  the  table. 

And  the  paragraph  was  adopted,  as  amended,  and  reads  as 
follows : 

MODE  OF  REVISING  THE  CONSTITUTION. 

Whenever  two-thirds  of  each  branch  of  the  Legislature  shall 
deem  any  change,  alteration  or  amendment  necessarjr  to  this 
Constitution,  such  proposed  change,  alteration  or  amendment 
shall  be  read  and  passed  by  a  majority  of  two-thirds  of  each  house, 
respective^,  on  each  da}^,  for  three  several  days;  public  notice 
shall  then  be  given  by  the  Secretary  of  State,  at  least  three 
months  preceding  the  next  general  election,  at  "v-hich  the  qual- 
ified electors  shall  vote  directly  for  or  against  such  change, 
alteration  or  amendment;  and  if  more  than  one  amendment 
shall  be  submitted  at  one  time,  they  shall  be  submitted  in  such 
manner  and  form  that  the  people  may  vote  for  or  against  each 
amendment  separately;  and  if  it  shall  appear  that  a  majority 
of  the  qualified  electors,  voting  for  members  of  the  Legislature, 
shall  have  voted  for  the  proposed  change,  alteration,  or  amend- 
ment, then  it  shall  be  inserted  by  the  next  succeeding  Legisla- 
ture as  a  part  of  this  Constitution,  and  not  otherwise. 

SCHEDULE. 

Section  1: 

Mr.  Weir  moved  to  amend,  as  follows : 


508 


Insert  in  eighth  line,  first  section,  between  the  words  "  Mis- 
sis iippi  and  on,"  the  words  "and  all  laws  enacted  and  acts 
done  by  officers  sworn  to  support  the  Constitution  and  Govern- 
ment of  the  so-called  Confederate  States. 

Mr.  Herbert  moved  to  table ; 

Which  wast  lost. 

Mr.  Parsons  offered  the  following  amendment  to  the  amend- 
ment: 

Strike  out  the  word  "  adopted,"  in  sixth  line,  and  insert  the 
woivls  "framed  by  the  so-called  Convention; 
Which  was  lost. 

Mr.  Orr  offered  the  following  amendment  to  the  amendment : 
Strike  out,  in  fifth  line,  all  after  the  word  "the,"  to  "and," 
in  the  sixth  line,  and  insert  the  word  "  present,"  after  the  word 
"  the,"  in  the  fifth  line,  and  the  word  "  of,"  after  the  word  "  Con- 
stitution," in  the  seventh  line;  strike  out  the  words  "  framed," 
in  and  "  for,"  in  the  seventh  line. 
Which  was  adopted. 

Mr.  Fitzhugh  moved  the  previous  question ; 
Which  was  not  sustained. 
And  the  sectiou  lies  over. 
Section  2: 

Mr.  Alderson  moved  to  amend  by  inserting  the  word  "river," 
after  the  word  "  Mississippi,"  in  the  fourteenth  line. 

Mr.  G-oss  moved  to  amend  by  striking  out  all  of  thirteenth, 
fourteenth,  fifteenth  and  sixteenth  lines. 

Mr.  Mygatt  moved  to  table; 

Which  was  carried. 

Mr.  Orr  moved  to  recommit  section  2. 

Mr.  Gibbs  moved  to  table  the  motion  to  recommit; 

Which  was  carried. 

And  the,  amendment  of  Mr.  Alderson  was  adopted. 
Mr.  Morgan  moved  to  strike  out  the  thirteenth,  fourteenth, 
and  fifteenth  lines. 

Mr.  Mygatt  moved  to  table; 
Which  was  lost. 

Pending  the  further  consideration  of  section  2,  the  Con- 
vention adjournned  to  meet  to-morrow  morning  at  9  o'clock. 

T.  P.  Sears, 

Secretary. 


EIGHTY-FIFTH  DAY. 

Jackson,  Miss.,  Tuesday,  April  14th,  1868. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 


509 


I 


Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chappeil, 
Clarke,  Combash,  Conle\r,  Cunningham,  Dalton,  Drane,  Elliott 
John,  Fawn,  Fitzhugh,  Gaither,  Gibbs,  Goss,  Gray,  Handy, 
Hauser,  Hemmingway,  Herbert,  Howe,  Jacobs,  Jamison,  John- 
son A.,  Lawson,  Leas,  Leonard,  Longmire,  Mayson,  Musgrove? 
Montgomeiy,  Moore,  Morgan,  Myers,  Mygatt,  McCutchen, 
Kesbitt,  Newsom,  Niles,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R., 
Peyton  E.  A.,  Phillips,  Powell,  Quinn,  Railsback,  Stewart, 
Stites,  Stovall,  Stringer,  Stiles,  Townsend,  To}%  Vaughan,  War- 
ren, Weir,  Williams,  Woodmansee,  Yeoman— 70. 

The  following  delegates  were  absent: 

Messrs.  Chapman,  Collins,  Compton,  Dowd,  Elliott  James, 
Field,  Holland,  Hutto,  Johnson  S.,  Jones,  Kerr,  Lack,  Mask, 
Miles,  McKee,  McKnight,  Neilson,  Nelms,  Peyton  E.  G,, 
Raine}',  Richardson,  Smith,  Walker,  Watson— 24. 

Journal  of  yesterday  read  and  approved. 

Leaves  <of  absence  were  granted,  the  Assistant  Secretary  for 
five  da}^s  ;  to  Mr.  S.  Johnson  for  five  days;  to  Messrs.  Rich- 
ardson and  Holland  from  day  to  day,  and  to  Mr.  Stites  for  sis 
days. 

Mr.  F.  Parsons  moved  to  suspend  the  rules,  to  take  up  the 
report  of  the  committee  on  Ordinance  and  Schedule,  and 
moved  the  previous  question  ; 

Which  was  not  sustained 

And  the  motion  of  Mr.  Parsons  was  carried. 

Section  1  of  Schedule  was  taken  up. 

Sir.  Townsend  moved  to  reconsider  the  vote  adopting  the 
amendment  to  the  amendment  introduced  by  Mr.  Orr  yester- 
day; 

Which  was  carried. 

Mr.  Orr  was  granted  leave  to  withdraw  his  amendment. 

Mr.  F.  Parsons  moved  to  lay  the  amendment  of  Mr.  Weir  on 
the  table,  which  was  carried,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Bonney, 
Caldwell,  Castello,  Combash,  Conley,  Cunningham,  Drane, 
Fawn,  Fitzhugh,  Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hem- 
mingway, Herbert,  Howe,  Jacobs,  Jamison,  Johnson  A.,  Law- 
son,  Leas,  Leonard,  Longmire,  Mayson,  Musgrove,  Montgom- 
ery, Moore,  Morgan,  Myers,  Mygatt,  McCutchen,  Newsoin, 
Orr,  Parsons  F.,  Peyton  E>  A.,  Phillips,  Powell,  Quinn,  Rails- 
back,  Stewart,  Stovall,  Stringer,  Stiles,  Townsend,  Vaughan, 
Warren,  Williams,  Woodmansee,  Yeoman — 54. 

Nays— Messrs.  Bridges,  Hauser,  Weir— 3. 

Mr.  Orr  moved  to  amend  as  follows: 

Strike  out  in  the  fifth  line  all  after  the  word  "the,"  to  the 
word  "and,"  in  the  sixth  line,  and  insert  the  word  "  present" 
after  the  word  "the,"  in  the  fifth  line,  and  the  word  ':  of,"  after 
the  word  " Constitution,"  in  the  seventh  line;  strike  out  the 
words  "  frame,  in  and  for,"  in  the  seventh  line  ; 

Which  was  carried. 

And  section  1  was  adopted,  and  reads  as  follows : 


510 


Sec.  1.  The  Ordinance  of  Secession  of  the  State  of  Mississippi, 
passed  January  9th,  1861,  is  hereby  declared  to  be  null  and 
void;  the  present,  and  all  previous  Constitutions  of  the  State 
of  Mississippi,  are  hereby  declared  to  be  repealed  and  annulled 
by  this  Constitution. 
Section  2: 

The  amendment  offered  by  Mr.  Morgan,  yesterday,  pending 
adjournment,  was  lost. 

Mr.  Barry  moved  to  amend  as  follows: 

Insert  after  the  word  "  State,"  in  the  second  line,  the  words 
"not  enacted  in  furtherance  of  secession  and  rebellion,  and;" 
Which  was  carried. 

Mr.  Castello  moved  to  add  the  following  additional  para- 
graph : 

An  Act  to  provide  for  the  removal  and  location  of  the  seat 
of  justice  of  Scott  county,  approved  November  8th,  1865. 
An  Act  supplemental  to  an  Act  entitled  "  an  Act  to  provide 
for  the  removal  and  location  of  the  seat  of  justice  of  Scott 
county,"  approved  Nov.  8th,  A.  D.  1865;  approved  Dec.  1st, 
1865;  which  was  carried. 

And  section  2  was  adopted,  as  amended,  and  reads  as  fol- 
lows: . 

Sec.  2.  All  laws  now  in  force  in  this  State,  not  enacted  in 
furtherance  of  secession  and  rebellion,  and  not  repugnant  to 
this  Constitution,  shall  continue  in  operation  until  they  shall 
expire  by  their  own  limitation,  or  be  altered  or  repealed  by  the 
Legislature,  except  the  hereinafter  mentioned  laws,  to-wit: 
"  An  Act  to  change  the  name  of  the  county  of  Jones,  and  for 
other  purposes,"  approved  December  1st,  1865.  "An  Act 
to  establise  a  ferry  across  the  Mississippi  at  Vicksburg,"  ap- 
proved November  29th,  1865.  "  An  Act  to  provide  for  the 
removal  and  location  of  the  seat  of  justice  of  Scott  count}'," 
approved  November  8th,  1865.  "An  Act  supplemental  to  an 
Act  entitled  an  Act  to  provide  for  the  removal  and  location  of 
the  seat  of  justice  of  Scott  county,"  approved  November  8th, 
1865;  approved  December  1st,  1865. 

Section  3: 

Mr.  Weir  moved  to  amend  as  follows: 

At  the  end  of  third  section  insert,  the  words  "  except  such, 
causes  as  were  instituted  by  authority  of  officers  sworn  to  sup- 
port the  constitution  of  the  so-called  Confederate  States." 

Mr.  Townsend  moved  to  indefinitely  postpone ; 

Which  was  carried,  by  the  following  vote: 

Yeas — Messrs.  Aiderson,  Ballard,  Beam,  Bonney,  Brinsoii, 
Combash,  Conley,  Cunningham,  Elliott  John,  Gaither,  Goss, 
Gray,  Hemmingway,  Herbert,  Howe,  Longmire,  Mayson,  Mus- 
grove,  Montgomery,  Morgan,  Myers,  Mygatt,  McCutchen,  New- 
som,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Phillips,  Powell, 
Railsback,  Stewart,  Stovall,  Stringer,  Stites,  To}^  Warren,  and 
Yeoman — 37. 

Nays — Messrs.  Barry,  Bridges,  Fawn,  Fitzhugh,  Gibbs. 
Handy,  Lawson,  Leas,  Leonard,  Moore,  Orr,  and  Weir — 12. 


511 


Mr.  Alderson  offered  the  following  in  lieu  of  the  third  sec- 
tion of  the  printed  report: 

Sec.  3.  The  Legislature  shall  provide  for  the  removal, 
of  all  suits  at  law  or  in  equity  now  pending  in  the  several 
courts  in  this  State,  to  such  court  as  may  have  the  proper 
jurisdiction  under  this  Constitution. 

Mr.  Gibbs  moved  the  previous  question; 

Which  was  sustained. 

And  the  amendment  of  Mr.  Alderson,  was  lost. 

And  section  3  was  adopted,  and  reads  as  follows : 

Sec.  3.  The  Legislature  shall  provide  for  the  removal  oi" 

causes  now  pending  in  the  courts  of  this  State,  to  courts 

created  by,  or  under  this  Constitution. 

ORDINANCE. 

Section  4  was  adopted,  and  reads  as  follows : 

Sec.  4.  Immediate!}'  upon  the  adjournment  of  this  Conven- 
tion, this  Constitution  shall  be  submitted  for  ratification  to  the 
registered  voters  of  the  State,  in  conformity  with  the  Act  of 
Congress  passed  March  2,  1867,  entitled  an  Act  to  provide  for 
the  more  efficient  government  of  the  rebel  States,  and  the  Acts 
supplementary  thereto. 

Section  5: 

Mr.  Goss  moved  to  amend  as  follows:  In  seventh  line 
strike  out  the  word  a  seven,"  and  insert  the  word  "  six,"  and 
in  seventeenth  line,  stike  out  the  words  "or  against;  " 

Which  was  laid  on  the  table. 

Mr.  Alderson  offered  the  following  as  an  amendment : 

Amend  by  striking  out  all  after  section  5  down  to  and  in- 
cluding "  day,"  in  the  eleventh  line,  and  insert,  the  words  "  The 
election  for  the  ratification  of  this  Constitution,  shall  be  held  at 
each  election  precinct  in  the  county,  in  one  clay,  commencing  at 
9  o'clock  in  the  morning,  and  continuing  until  sundown.  Imme- 
diately after  the  election  has  been  held  at  the  different  pre- 
cincts, the  polls  shall  again  be  opened  by  the  three  registrars 
at  the  county  seat  of  each  count}-,  and  kept  open  for  five  days 
from  6  o'clock  a.  m.,  till  8  o'clock  p.  m.,  for  the  reception  oi" 
votes,  and  any  one  entitled  to  register,  but  who  had  failed  or 
neglected  so  to  do,  shall  be  registered  and  allowed  to  vote,  and 
certificates  of  registration  shall  be  issued  by  said  registrars  at 
any  time  demanded  up  to  the  close  of  the  election. 

Mr.  Morgan  moved  to  table  ; 

Which  w  s  lost. 

Mr.  Fitzhugh  moved  the  previous  question; 
Which  was  not  sustained. 
And  the  section  lies  over, 
Section  6: 

Mr.  Gibbs  moved  to  amend,  as  follows : 

Provided,  That  every  person  who  shall  vote  for  said  officers, 
shall  first  take  and  subscribe  an  oath  to  support  the  Constitu- 


512 


lion  of  the  United  States,  and  the  Constitution  of  Mississippi, 
when  ratified,  and  all  laws  made  in  pursuance  thereof. 

Mr.  Townsend  moved  the  previous  question; 

Which  was  sustained. 

And  the  amendment  was  adopted,  by  the  following  vote: 
Yeas — Messrs.  Alderson,  Ballard,  Barry,  Beam,  Bonne}', 
Bridges,  Brinson,  Caldwell,  Chappell,  Clarke,  Conley,  Cunning- 
ham, Drane,  Fawn,  Fitzhugh,  Gibbs,  Gray,  Handy,  Hauser, 
Hemmingway,  Herbert,  Jacobs,  Johnson  A.,  Lawson,  Leas, 
Leonard,  Longmire,  Mayson,  Montgomery,  Moore,  Myers,  My- 
gatt,  Newsom,  Parsons  F.,  Peyton  E.  A.,  Phillips,  Powell,  Quinn, 
Railsback,  Stewart,  Stovall,  Stringer,  Townsend,  Williams,  and 
Yeoman — 45. 

Nays — Messrs,  Gaither,  Goss,  Musgrove,  Morgan,  Orr,  War- 
ren, Weir,  and  Woodman  see — 8. 

And  section  6  was  adopted,  as  amended,  by  the  following 

vote : 

Yeas — Messrs.  Alderson,  Ballard,  Bany,  Beam,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Chappell,  Clarke,  Combash, 
Conley,  Cunningham,  Dalton,  Drane,  Gibbs,  Handy,  Hauser, 
Herbert,  Howe,  Jacobs,  Johnson  A.,  Lawson,  Leas,  Leonard, 
Mayson,  Moore,  Morgan,  Myers,  Mygatt,  Newsom,  Parsons  F., 
Pe^yton  E.  A.,  Powell,  Quinn,  Eailsback,  Stewart,  Stringer, 
Weir,  Williams,  Woodman  see,  and  Yeoman — 42. 

Nays— Messrs.  Elliott  John,  Fawn,  Fitzhugh,  Gaither,  Goss, 
Gray,  Hemmingwa}T,  Longmire,  Musgrove,  Montgomery,  Orr, 
Phillips,  Townsend,  and  Warren — 14. 

And  reads  as  follows : 

Sec.  6.  In  order  to  establish  a  civil  government  as  required 
by  the  Act  of  Congress,  approved  March  21,  1867,  and  the 
Acts  supplementary  thereto,  an  election  shall  be  held  at  the 
same  time  and  place  at  which  the  Constitution  is  submitted 
for  ratification,  for  all  State  officers,  for  members  of  the 
Legislature,  and  for  Representatives  in  Congress;  at  which 
election  the  electors  who  are  qualified  under  the  Reconstruc- 
tion Acts  of  Congress  shall  vote,  and  none  others.  Provid- 
ed, That  every  person  who  shall  vote  for  said  officers,  shall 
first  take  and  subscribe  an  oath  to  support  the  Constitution  of 
the  United  States,  and  the  Constitution  of  Mississippi,  when 
ratified,  and  all  laws  made  in  pursuance  thereof. 

Section  7: 

Mr,  Alderson  moved  to  amend,  as  follows: 

Amend,  m  fourth  line,  by  inserting  the  word  "  qualified,"  and 
strike  out  the  word  "  registered." 

Mr.  Morgan  moved  to  postpone  further  consideration  until 
to-morrow,  at  10  o'clock. 

Mr.  Hauser  moved  to  table: 

Which  was  lost. 

And  the  motion  of  Mr.  Morgan  prevailed. 

Mr.  Musgrove  moved  to  take  a  recess  until  3  o'clock,  p.  m, 

Mr,  Castello  moved  to  table; 

Which  was  carried, 


513 


Mr.  Barry  moved  to  suspend  the  rules,  to  permit  him  to  in- 
troduce a  resolution. 

Pending  action  on  the  same,  the  Convention  adjourned  to 
meet  to-morrow  morning,  at  9  o'clock. 

T.  P.  Sears, 

Secretary, 


EIGHTY-SIXTH  DAY. 

Jackson,  Miss.,  Wednesday,  April  15th,  1868, 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alclerson,  Alcorn,  Ballard,  Barry. 
Beam,  Bonne}7,  Bridges,  Brinson,  Caldwell,  Castello,  Chappell, 
Clarke,  Conle}*,  Cunningham,  Dalton,  Drane,  Elliott  John,  Fawn, 
Fitzhugh,  Gaither,  Gibbs,  Goss,  Gray,  Handy,  Hauser,  Herbert, 
Howe,  Jacobs,  Jamison,  Johnson  A.,  Lawson,  Leas,  Leonard, 
Longmire,  Ma}Tson,  Musgrove,  Montgomery,  Moore,  Morgan. 
Myers,  Mygatt,  McCutchen,  Nesbitt,  Newsom,  Niles,  Orr, 
Ozanne,  Parsons  F.,  Parsons  J.  P.,  Pe}*ton  E.  A.,  Phillips,  Pow- 
ell, Quinn,  Eailsback,  Stewart,  Stovall,  Stringer,  Stiles,  Town- 
send,  To}*,  Vaughan,  Warren,  Weir,  Williams,  Woodmansee, 
and  Yeoman-  67. 

The  following  delegates  were  absent  : 

Messrs.  Chapman,  Collins,  Combash,  Compton,  Dowd,  Elliott 
James,  Field,  Hemmingway,  Hutto,  Johnson  S.,  Jones,  Kerr. 
Lack,  Mask,  Miles,  McKee,  McKnight,  Neilson,  Nelms,  Pey- 
ton E.  G.,  Eaine}T,  Eichardson,  Smith,  Stites,  Walker,  and  War 
son— 27. 

Journal  of  yesterday  read  and  approved. 
Leaves  of  absence  were  granted  as  follows: 
To  Mr.  Combash  for  one  da}*;  Mr.  Jamison  for  five  days. 
The  following  communication  was  received  from  the  State 
Treasurer : 

Treasurer's  Office,) 
Jacksox,  Miss.,  April  14,  1868.  f 

Hon.  B.  B.  Eggleston,   President  Jlississippi  Constitution"! 
Convention : 

Sir — In  compliance  with  the  jesolution  adopted  by  your 
honorable  body,  I  herewith  submit  a  report  of  the  reports  and 
remittances  received  in  my  office  up  to  this  time,  and  would 
remark,  in  answer  to  a  portion  of  the  resolution  ("who  have 
C— 33 


514 


not  made  their  reports  in  accordance  with  section  7,  of  an  ordi- 
nance passed  by  this  Convention,  February  27,  1868"),  that  I 
prefer  your  honorable  body  to  judge  from  the  report  who  have 
complied  with  the  ordinance;  at  the  same  time  I  think  there 
are  many  who  would  comply  with  all  the  provisions,  but  they 
report  it  impossible  for  them  to  do  so,  for  want  of  time. 
I  have  the  honor  to  be, 

Very  respectfully, 

John  H.  Echols, 
State  Treasurer. 

LIST  OF  SHFBIFFS,  who  have  reported  Taxes  Collected 
under  Ordinance  of  Constitutional  Convention,  February 
27th,  1868: 


April  1 

3 
6 


8 
10 

11 

13 
14 


J.  C.  Lucas  

L.  R.  Wilson .... 
Thomas  Palmer. 

S.  M.  Dyer  

J.  C.  McKenzie. 
C.  N.  Waterbury 
R.  B.  Jones .... 
C.  M.  Thomas.  . 
L.  R.  Wilson.  . . . 

GL  P.  Rice  

M.  M.  Phares .  . . 
Peter  Ratcliff .  .  . 
C.  E.  Furlong 
J.  C.  McKenzie. 
Jos.  Eakins.  .  . . 
B.  F.  B.  Hunter. 
Thomas  Palmer. 
S.  F.  Kendrick . . 
Thomas  Palmer . 

B.  F.  Brown  

J.  J.  Mangum .  . 
L.  R.  Wilson 


Attala  ...... 

Yalobusha  .  . 
Hinds  ...... 

Yazoo  

Carroll ..... 
Franklin  .  .  . 

Panola  

Noxubee  .  .  . 
Yalobusha  . 
Tallahatchie 
Wilkinson . . 
Amite  ..... 
Warren  .... 
Carroll ..... 
Lauderdale. 

Adams  

Hinds  ..... 
Monroe  .... 

Hinds  

Simpson  .  .  . 

Smith  

Yalobusha  . 


Total............  $13,647  47 


I  have,  also,  a  report  from  C.  M.  Thomas,  Noxubee  county 
($770  50),  which  cannot  be  paid  in  for  want  of  change,  having 
remitted  more  warrants  than  amount  collected;  also,  a  report 
from  J.  W.  Boykin,  Wayne  county  ($41  86),  in  same  condition; 
also,  reports  from  E.  R.  Enochs  (Calhoun  county  ($353  11), 
and  J»  B,  Bell,  of  Lowndes  county  ($1,885  00),  which  are  in- 
formal, but  accompanied  by  remittances  in  warrants ;  also*  a  re- 


515 


port  from  D.  T.  Beall,  of  Tishomingo  county,  ($558  30).  but 
no  remittance:  also,  from  C.  Lindsey,  Choctaw  county  of  (-$3  20); 
no  remittance. 

Johx  H.  Echols, 

State  Treasurer. 

Report  received  and  referred  to  the  Finance  Committee. 
Mr.  Morgan  moved  to  suspend  the  rules,  to  enable  Mr.  Cun- 
ningham to  introduce  a  resolution. 
Mr.  Fitzhugh  moved  to  table; 
Which  was  lost. 

Mr.  Gibbs  moved  the  previous  question; 
Which  was  sustained. 

And  the  motion  to  suspend  the  rules  was  carried. 
Mr.  Cunningham  offered  the  following: 

Mesulved,  That  it  is  the  sense  of  this  Convention,  that  the 
Official  Reporter  of  this  body  has  done  his  duty,  and  that  we 
disapprove  of  the  criticism  of  the  Pilot,  on  the  conduct  of  said 
officer. 

Mr.  Gibbs  moved  the  reference  of  the  above  to  the  Special 
Committee  on  Reporter  and  Official  Printer. 

Air.  Hauser  moved  to  lay  the  motion  on  the  table; 
Which  was  lost. 

Mr.  Gibbs  moved  to  lay  the  resolution  on  the  table : 
Which  was  lost,  by  the  following  vote:. 

Yeas — Messrs.  Bridges,  Caldwell,  Castello.  Drane,  Elliott 
John,  Fitzhugh.  Gibbs.  Hauser.  Herbert,  Jamison,  Leas.  My- 
gatt.  Ozanne,  Parsons  F.,  Parsons  J.  R..  Peyton  E.  A.,  Rails- 
back,  Stovall.  Toy.  Vaughan,  and  Weir — 22. 

Nays — Messrs.  Alderson.  Ballard.  Barry,  Beam,  Bonney. 
Brinson,  Chappell.  Clarke,  Conley,  Cunningham,  Dalton,  Fawn. 
Gaither.  Goss.  Gray,  Handy.  Hemmingway.  Howe.  Jacobs, 
Johnson  A.,  Lawson,  Leonard.  Longmire,  Musgrove.  Mont- 
gomery, Moore,  Morgan,  Myers.  McCutchen.  Newsom,  Orr. 
Phillips.  Powell.  Quinn.  Stewart.  Stringer,  Stiles.  Townsend, 
Warren.  Woodmansee,  and  Yeoman — 41. 

Mr.  Howe  moved  to  indefinitely  postpone  the  motion  to  refer. 

Mr.  Gibbs  moved  the  previous  question; 

Which  was  sustained. 

And  the  motion  of  Mr.  Howe  was  lost. 

And  the  motion  to  refer  was  carried. 

Mr.  Gibbs  offered  his  resignation  as  a  member  of  the  Special 
Committee  on  investigation  of  the  Reporter  and  Public  Printer. 

Resignation  received,  and  under  the  operation  of  the  pre- 
vious question,  accepted. 

Mr.  Herbert  presented  his  resignation  as  Chairman  and  mem- 
ber of  the  same  Committee. 

Mr.  Gibbs  moved  that  the  resignation  of  Mr.  Herbert  be 
accepted. 

Mr.  Warren  moved  the  previous  question; 

Which  was  sustained. 

And  the  resignation  was  accepted. 


516 


Mr.  Leas  moved  to  suspend  the  rules  to  enable  him  to  intro- 
duce a  resolution. 

Mr.  Clarke  moved  the  previous  question; 

Which  was  sustained;  and  the  motion  to  suspend  the  rules 
was  carried,  by  the  followiug  vote: 

Yeas— Messrs.  Ballard,  Beam,  Bridges,  Brinson,  Clarke,  Com- 
bash,  Conley,  Dalton,  Drane,  Elliott  John,  Fawn,  Fitzhugh, 
Gaither,  Goss,  Gray,  Handy,  Hemmingway,  Leas,  Longmire, 
Mayson,  Musgrove,  Montgomery,  McCutchen,  Niles,  Parsons 
J.  R.,  Peyton  E.  A.,  Phillips,  Powell,  Bailsback,  Stewart, 
Stovall,  Warren,  Weir— 33 

Nays— -Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Castello, 
Chappell,  Gibbs,  Hauser,  Herbert,  Jacobs,  Jamison,  Johnson 
A.,  Lawson,  Leonard,  Moore,  Morgan,  Myers,  Mygatt,  New- 
som,  Orr,  Ozanne,  Quinn,  Stringer,  Stiles,  Townsend,  Toy, 
Vaughan,  Williams,  Woodmansee,  Yeoman— 30. 

Mr.  Leas  offered  the  following: 

Resolved^  That  the  rules  be  so  changed,  that  hereafter  this 
Convention  have  two  sessions  per  clay,  commencing  at  9 
o'clock  a.  m.,  and  at  3  o'clock  p.  m. 

Mr.  Castello  offered  the  following  as  an  amendment  to  the 
resolution  of  Mr.  Leas : 

Besolved,  That  there  be  three  sessions  each  day;  the  morn- 
ing session  to  commence  at  half-past  3  o'clock  a.  m.,  and  to 
continue  until  half-past  12  o'clock  p.  m.  ;  the  afternoon  session 
to  commence  at  half-past  2  o'clock,  p.  m.,  and  continue  until  5 
o'clock  p.  m.;  the  evening  session  to  commence  at  half-past 
7  o'clock  p.  m.,  and  to  continue  until  10  o'clock  p.  m. 

Mr.  Morgan  moved  to  table  the  resolution  and  the  amend- 
ment thereto. 

On  a  division  of  the  question,  the  amendment  was  tabled, 
and  the  resolution  was  laid  upon  the  table. 

The  committee  on  Enrollment  made  the  following  report: 

Mr.  President:  Your  committee  on  Enrollment  have  exam- 
ined an  ordinance  on  County  Boundaries  passed  by  this  Con- 
vention on  the  6th  of  April,  and  have  instructed  me  to  report 
that  they  find  it  correctly  enrolled. 

Respectfully, 

James  Weir,  Chairman. 

M.  T.  Newsom, 

E.  H.  Montgomery, 

W.  B.  Cunningham,  Committee, 

Report  received. 

The  unfinished  business  being  the  amendment  of  Mr.  Alder 
son  to  section  7,  of  Ordinance  and  Schedule,  introduced  on 
yesterday,  came  up,  and  was  adopted. 

And  the  section  was  adopted,  as  amended,  by  the  following 
vote : 

Yeas— -Messrs,  Alderson,  Ballard,  Barry,  Bonney,  Bridges, 


517 


Brinson,  Chappell,  Clarke.  Drane,  Fawn,   Fitzhugh,  Gribbs 
Handy.  Herbert,  Jacobs.  Johnson  A.,  Kerr.  Leonard.  May  son, 
Moore.  Myers,  Mygatt.  Xewsom.  Parsons  F..  Parsons  J.  E.. 
Peyton  E.  A..  Powell.  Railsback,  Stewart  Stringer.  Stiles,  Toy, 
Vaughan,  Warren,  Weir,  Williams,  Woodmansee.  Yeoman — 38. 

Nats — Messrs.  Beam.  Dalton,  Elliott  John.  Gaither.  Goss, 
Gray.  Hemmingway.  Longmire.  Musgrove,  Montgomery,  Mor- 
gsm]  Xiles.  Orr,  Stovall,  Town  send — 15. 

Mr.  Gribbs  moved  to  reconsider. 

Mr.  Morgan  moved  the  previous  question; 

Which  was  not  sustained 

And  the  motion  to  reconsider  lies  over. 

Mr.  Musgrove  moved  that  the  Convention  rake  a  recess  until 
3  o'clock. 

A  motion  to  table  was  lost 

Mr.  Gibbs  offered  the  following  amendment  to  the  motion  of 
Mr.  Musgrove.  and  by  him  accepted : 

Amend  by  adding  that  every  person  voting  in  the  affirmative 
who  is  not  here,  shall  forfeit  his  per  diem. 

Pending  the  consideration  of  which,  the  Convention  ad- 
journed until  to-morrow  morninsr.  at  9  ox-lock. 

T.  P.  Seaes. 

Secretary. 


EIGHT  Y-SEVEXTH  DAT. 

Jacksox^  Miss.,  Thursday,  April  16th,  1S6S. 

The  Convention  met  pursuant  to  adjournment 
Prayer  by  the  Chaplaia. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President.  Messrs.  Anderson.  Alcorn.  Barry.  '  Beam. 
Bridges.  Brinson,  Caldwell,  Castello.  Chapman,  Chappell. 
Clarke.  Combash,  Compton,  Conley,  Cunningham.  Drane,  El- 
liott John.  Fawn,  Fitzhugh.  Gaither.  Gibbs.  Goss,  Gray.  Handv. 
Hauser.  Hemmingway.  Herbert,  Howe,  Hutto,  Jacobs,  John- 
son A.,  Lawson.  Leas,  Leonard,  Longmire,  Mayson.  Musgrove, 
Montgomery.  Moore.  Morgan.  Myers,  Mygatt,  McCutchen. 
McKee.  McKnight.  Xesbitt.  Xewsoin.  Xiles.  Orr.  Ozanne.  Par- 
sons F.,  Parsons  J.  E..  Peyton  E.  A..  Phillips.  Powell.  Quinn. 
Railsback,  Stewart,  Stovall,  Stringer,  Stiles,  Townsend,  Toy, 
Vaughan.  Watson.  Warren,  Williams,  Woodmansee,  Yeo- 
man— 71. 

The  following  delegates  were  absent: 


518 


Messrs.  Bonney,  Collins,  Dalton,  Dowel,  Elliott  James,  Field, 
Holland,  Jamison,  Johnson  S.,  Jones,  Kerr,  Lack,  Mask,  Miles, 
Neilson,  Nelms,  Peyton  E.  G.,  Rainey,  Richardson,  Smith, 
Walker,  Weir— 22. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  Mr.  Dalton  for  two  days; 
Mr.  Bonney  for  one  day;  Mr.  Orr  for  five  days;  Mr.  Howe  for 
five  days;  Mr.  James  Elliott  for  five  days;  Mr.  Vaughan  for 
ten  days;  Mr.  Miles  from  day  to  day. 

Messrs.  Leas  and  Stringer  were  added  to  special  committee 
on  Reporter  and  Official  Printer. 

The  President  appointed  the  following  committee  of  five,  in 
accordance  with  the  previous  action  of  this  Convention,  to  ex- 
amine and  take  into  consideration  the  additional  labor  and  ex- 
pense which  may  accrue  to  the  Auditor  of  Public  Accounts  and 
Treasurer  of  State,  in  reference  to  the  carrying  out  of  the  pro- 
visions of  the  tax  ordinance,  passed  by  this  Convention,  and 
now  being  collected  by  the  Sheriffs  of  the  State: 

Messrs.  Alderson,  Ozanne,  Castello,  Gaither,  and  Gibbs. 

The  rules  were  suspended  to  permit  the  introduction  of  the 
following  resolution,  by  Mr.  Gibbs: 

Hesolved,  That  the  action  of  this  body  in  deciding  that  less 
than  a  two-thirds  vote  could  suspend  or  alter  the  rules  for  the 
government  of  the  same,  be,  and  is  hereby  rescinded. 

Mr.  Warren  offered  the  following  amendment: 

And  that  the  changes  in  the  rules  effected  by  such  decision 
are  declared  null  and  void. 

Under  the  operation  of  the  previous  question,  the  amendment 
was  lost. 

And  the  resolution  of  Mr.  Gibbs  was  adopted. 

Mr.  Barry  moved  to  suspend  the  rules  to  take  up  the  report 
of  the  committee  on  Franchise;  which  was  carried. 

Mr.  Townsend  moved  a  suspension  of  the  rules  that  substi- 
tutes may  be  offered  to  section  5 ; 

Which  was  lost. 

Mr.  Barry  offered  the  following: 

No  person  shall  be  eligible  to  any  office  of  profit  or  trusty 
civil  or  militarj^  in  this  State,  who,  as  a  member  of  the  Legis- 
lature, voted  for  the  call  of  the  Convention  that  passed  the 
Ordinance  of  Secession,  or  who,  as  a  delegate  to  any  Conven- 
tion, voted  for  or  signed  any  ordinance  of  secession,  or  who 
gave  voluntary  aid,  countenance,  counsel,  or  encouragement  to 
persons  engaged  in  armed  hostility  to  the  United  States,  or  who 
accepted  or  attempted  to  exercise  the  functions  of  any  office, 
civil  or  military,  under  authority  or  pretended  government 
authority,  power,  or  constitution,  within  the  United  States,  hos- 
tile or  inimical  thereto,  except  all  persons  who  aided  recon- 
struction by  voting  for  this  Convention;  but  the  Legislature 
may,  by  a  vote  of  two-thirds  of  each  House,  remove  such  disa- 
bility. 

Previous  question  called ;  call  sustained,  by  the  following  vote : 


519 


Yeas — Messrs.  Barry.  Brinson.  Caldwell,  Castello,  Chapman. 
Chappell,  Clarke.  Combash,  Fawn,  Fitzhngh,  Gibbs,  Handy. 
Hauser,  Jacobs,  Johnson  A.,  Lawson,  Leas,  Leonard,  Moore. 
Morgan,  Myers,  Mygatt,  Newsom,  Ozanne,  Parsons  F.,  Parsons 
J.  E..  Peyton  E.  A.,  Powell  Quinn.  Stewart,  Stringer,  Toy. 
Weir,  Woodmansee,  and  Yeoman — 35. 

Nats — Messrs,  Alderson.  Alcorn.  Ballard,  Beam.  Bridges. 
Compton,  Coniey.  Drane.  Elliott  John,  Gaither.  Goss,  Gray, 
Hemmingway.  Herbert,  Howe,  Hutto.  Longmire,  Musgrove, 
Montgomery,  MeCutehem  McKnight,  Orr,  Phillips,  Railsbaek. 
Stovall,  Stiles,  Townsend.  Vaughan,  Watson,  Warren,  and  Wil 
liams — 31, 

And  the  section  was  adopted,  by  the  following  vote: 
Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bridges,  Brinson. 
Caldwell.  Castello.  Chapman.  Chappell,  Clarke.  Gombash. 
Drane,  Fawn,  Fitzhugh.  Gibbs,  Handy,  Hauser,  Herbert. 
Jacobs,  Johnson  A..  Lawson.  Leas.  Leonard,  Moore.  Morgan. 
Myers.  Mygatt,  McKnight,  Newsoin.  Ozanne.  Parsons  F.,  Par- 
sons J.  R.,  Peyton  E.  A.,  Powell,  Quinn.  Railsbaek,  -Stewart. 
Stringer.  Townsend.  Toy,  Weir.  Williams,  Woodmansee,  and 
Yeoman — 44. 

Xats — Messrs.  Ballard,  Beam,  Compton,  Coniey,  Cunning- 
ham, Elliott  John,  Gaither,  Goss,  Gray,  Hemmingway,  Howe. 
Hutto.  Longmire,  Musgrove.  Montgomery,  MeCutehen,  Nesbitt. 
ZSTiles.  Orr.  Phillips,  Stovall,  Stites,  Vaughan,  Watson,  and 
Warren — 25. 

Mr.  Castello  moved  to  reconsider, 

A  motion  to  lay  on  the  table  was  carried, 

Mr.  Castello  moved  to  suspend  the  rules,  to  take  up  the 
report  on  Ordinance  and  Schedule. 

Mr.  Alderson  moved  to  take  a  recess  for  one  hour, 

A  motion  to  table  was  lost. 

Mr.  Railsbaek  moved  to  amend  as  follows: 

Suspend  the  rules  that  the  Convention  may  adjourn  until 
i  o  -  m  o  rrow  morning. 

Mr.  Morgan  moved  the  previous  question; 

Which  was  not  sustained ; 

And  the  motion  lies  over. 

And  the  motion  of  Mr.  Castello  was  carried. 

The  amendment  introduced  by  Mr.  Alderson  to  section  5  of 
report  of  committee  on  Ordinance  and  Schedule,  lying  over 
from  the  14th  inst..  came  up  for  consideration,  when  the  fob 
lowing  communication  was  presented: 

Mississippi  Coxstitutioxal  Coxyextiox,  1 
Hall  of  Represextatives,  v 
Jacksox,  Miss.,  April  16th,  1S6S.  } 

We.  the  undersigned  members  of  the  Constitutional  Conven- 
tion of  the  State  of  Mississippi,  now  in  session  in  the  city  of 


520 


Jackson,  "beg  leave  most  respectfully,  as  they  now  do,  to  tender 

their  resignation  as  members  of  the  said  body. 

Jno.  W.  C.  Watson, 
Wm.  L.  Hemmingwat, 
J.  M.  Phillips, 
E.  H.  Montgomery, 
G.  E.  Longmire, 
W.  W.  Gaither, 
A.  Goss, 

J.  H.  McCutchen, 
Wm.  B.  Gray, 
Wm.  M.  Compton, 
Chas.  H.  Townsend, 
Wm.  D.  Nesbitt. 

Mr.  Compton  moved  to  accept  the  resignations. 

Mr.  Herbert  moved  that  the  consideration  of  the  resigna- 
tions be  postponed  until  to-morrow; 

Which  was  carried, 

Mr.  Bailsback  moved  to  suspend  the  rules,  that  a  motion 
might  be  made  to  adjourn; 
Which  was  lost. 

The  Convention  then  considered  the  amendment  to  section 
5,  submitted  by  Mr.  Alderson. 

Mr.  Woodmansee  moved  to  amend  by  striking  out  the  word 
"  nine,"  in  the  amendment  of  Mr.  Alderson,  and  insert  the 
word  "  ten,"  instead. 

Mr.  Castello  moved  to  indefinitely  postpone  the  amendment 
and  the  amendment  thereto. 

Pending  the  consideration  of  which,  the  Convention  ad- 
journed to  meet  to-morrow  morning  at  9  o'clock. 

T.  P.  Sears, 

Secretary, 


EIGHTY-EIGHTH  DAY. 

Jackson,  Miss.,  Friday,  April  17th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Conley,  Cunningham,  Drane,  El- 
liott John,  Fawn,  Fitzhugh,  Gibbs,  Gray,  Handy,  Hauser, 
Hutto,  Jacobs,  Johnson  A,,  Lawson,  Leas,  Leonard,  Longmire, 
Mayson,  Musgrove,  Mooie,  Morgan,  Myers,  Mygatt,  McKee, 
McKaight,  Newsom^  Qzanne?  Parsons.  F.?  Parsons  J.  R.,  Peyton 


521 


E.  A.,  Powell,  Quinn,  Railsbaek,  Stewart,  '  Stovall,  Stringer, 
Stiles.  Toy.  Yaughan,  Warren,  Weir,  Williams,  Woodman- 
see.  Yeoman — 59. 

The  following  delegates  were  absent  : 

Messrs.  Collins,  Compton,  Dalton,  Dowd,  Elliott  James,  Field. 
Gaither,  Goss,  Hemmingway,  Herbert,  Holland,  Howe,  Jami- 
son, Johnson  S.,  Jones,  Kerr,  Lack,  Mask,  Montgomery,  Miles, 
McCutchen,  Neilson,  ISelrns,  Nesbitt,  Niles,  Orr,  Peyton  E.  G., 
Phillips,  Rainey,  Richardson,  Smith,  States,  Townsend,  Walker, 
and  Watson — 35. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted,  to  Mr.  Field  until  Monday 
next;  to  Mr.  Mask  from  day  to  clay;  to  Mr.  Myers  for  one  day; 
to  Mr.  Mies  for  two  days;  and  to  the  Doorkeeper  for  one  day. 

Mississippi  Constitutional  Convention, 
Hall  of  Representatives, 
Jackson,  Miss.,  April  16th,  1868. 

To  the  Honorable  B.  B.  .Fgglesto7i,  President  of  the  Constitu- 
tional Convention  of  the  State  of  Mississippi : 

Sir — I  hereby  tender  my  resignation  as  a  delegate  of  said 
Convention  from  the  county  of  Lafayette. 

Very  respectfully, 

W.  G.  Yaughan. 

Resignation  received  and  accepted. 

Mr.  Gibbs  moved  to  suspend  the  rules  to  take  into  consider- 
ation the  report  of  Special  Reporter  of  Mississippi  State  Jour- 
nal, ot  yesterday's  proceedings; 

Which  was  carried,  by  the  following  vote: 

Yeas  Messrs.  Alcorn,  Barr}7,  Beam,  Bonney,  Bridges,  Cald- 
well, Clarke,  Combash,  Cunningham,  Drane,  Fawn,  Fitzhugh, 
Gibbs,  Hand}',  Hauser,  Hutto,  Jacobs.  Johnson  A.,  Lawson, 
Leas,  Leonard,  Musgrove,  Moore,  Myers,  Mygatt,  Newsom, 
Ozanne,  Peyton  E.  A.,  Powell,  Quinn,  Stewart,  Stovall,  Stringer, 
Stiles,  Toy.  Williams,  Yeoman — 37. 

Nats — Messrs.  Ballard,  Castello,  Chapman,  Chappell,  Conley, 
Elliott  John.  Mayson,  Morgan,  McKee,  McKnight,  Parsons  J« 
R,,  Railsbaek,  Warren,  Weir — 14. 

Mr.  Cunningham,  of  Madison,  offered  the  following: 

Resolved,  That  Mr.  Lawson  be  requested  to  correct  all  mis- 
takes  of  }Testerday  in  to-morrow's  paper,  and  that  he  be  not 
allowed  to  remain  in  the  hall  if  he  makes  further  incorrect  report 

Mr.  Fitzhugh  offered  the  following  as  an  amendment: 

And  that  he  be  expelled  from  this  hall  during  the  session 
of  this  Convention; 

Which  was  laid  on  the  table. 

Mr.  A.  Johnson  moved  the  previous  question; 

Which  was  sustained. 

And  the  resolution  of  Mr.  Cunningham  was  adopted. 
Mr.  Castello  offered  the  following: 


522 


Besolced,  That  the  resolution  inviting  reporters  to  seats  in 
this  Convention  be  rescinded. 
Which  was  adopted. 

Mr.  F.  Parsons  moved  to  suspend  the  rules,  and  take  up 
Ordinance  and  Schedule. 

Rules  suspended,  and  the  Convention  proceeded  to  the  con- 
sideration of  the  same. 

The  question  being  on  the  motion  of  Mr.  Castello,  of  Adams, 
offered  on  yesterday,  to  indefinitely  postpone  amendment  of 
Mr.  Alderson,  and  amendment  thereto  to  section  five. 

On  a  division  of  .the  question,  the  amendment  to  the  amend- 
ment was  indefinitely  postponed. 

And  the  motion  to  indefinitely  postpone  the  amendment  of 
Mr.  Alderson  was  lost. 

Mr.  Clarke  moved  to  amend  by  striking  out  all  after  the 
words  "  reception  of  votes,"  and  accepted  by  Mr.  Alderson. 

And  the  amendment  offered  by  Mr.  Alderson  on  the  14th  of 
April,  was  adopted,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Bridges, 
Brinson,  Caldwell,  Chapman,  Chappell,  Clarke,  Combash,  Drane, 
Elliott  John,  Fitzhugh,  Handy,  Hauser,  Holland,  Johnson  A., 
Leas,  Leonard,  Mayson,  Moore,  Mygatt,  Newsom,  Ozanne,  Par- 
sons J.  P.,  Peyton,  E  A.,  Powell,  Railsback,  Stewart,  Stringer, 
Warren,  and  Yeoman— 33. 

Nays — Messrs.  Castello,  Conley,  Cunningham,  Fawn,  Her- 
bert, Hutto,  Jacobs,  Lawson,  Musgrove,  Morgan,  Myers, 
McKnight,  Parsons  F.,  Stovall,  Stiles,  Toy,  and  Weir — 17. 

And  the  section  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

The  election  for  the  ratification  of  this  Constitution  shall  be 
held  at  each  election  precinc  t  in  the  county  one  day,  commenc- 
ing at  nine  o'clock  in  the  morning,  and  continuing  until  sun- 
down. Immediately  after  the  election  has  been  held  at  the 
different  precincts,  the  polls  shall  be  again  opened  by  the  three 
Registrars,  at  the  county  seat  of  each  county,  and  kept  open 
for  five  days,  from  6  o'clock  a.  m.  until  8  o'clock  p.  m.,  for  the 
reception  of  votes.  At  said  election  all  those  in  favor  of  ratifying 
the  Constitution  shall  have  written  or  printed  on  their  ballots, 
the  words,  "  For  the  Constitution,"  and  those  opposed  to  the  rati- 
fication of  the  same,  shall  have  written  or  printed  on  their 
ballots  the  words,  "  Against  the  Constitution ;"  but  no  per- 
son shall  vote  for  or  against  this  Constitution  on  a  separate 
ballot  from  that  cast  by  him  for  officers  to  be  elected  at  said 
election  under  this  Constitution. 

Mr.  Morgan  moved  to  suspend  the  rules  to  take  up  the 
special  order  of  the  day  ; 

Which  was  carried. 

Mr.  Morgan  offered  the  following: 

Besolved,  That  the  resignations  tendered  }^esterclay  b}'  the 
following  named  gentlemen  be  accepted:  Hons.  J.  W.  C. 
Watson,  William  L.  Hemmingway,  J.  M.  Phillips,  R.  H. 
Montgomery,   G.   E.   Longmire,  W.  W.  Gaither,   A.  Goss, 


523 


J.  PL  McCutehen,  Wm.  B.  Gray,  Wm;  31.  Compton,  Wm.  D. 
Nesbitt. 

The  following  communication  was  presented,  and  the  name 
added  to  the  resolution  : 

Mississippi  Coxsitutioxal  Convention,] 
Jackson,  Miss.,  April  17th,  1S6S.  j 

Mr.  President  :  I  respectfully  tender  my  resignation  as  a 
delegate  to  this  Convention. 

Very  respectfully. 

Your  ob't  serv't. 

Terry  Daltox. 
Mr.  Herbert  moved  to  indefinitely  postpone  ; 
Which  was  laid   on   the  table,   and   the   resolution  was 
adopted. 

The  Convention  resumed  the  consideration  of  the  minority 
report  of  the  committee  on  Ordinance  and  Schedule. 
Section  8: 

Mr.  TV oodmansee  offered  the  following  amendment: 
Strike  out  the  Sth  section  of  the  minority  report,  and  insert 
as  follows : 

Section  S.  The  same  Registrars  and  Commissioners  who 
shall  be  appointed  by  the  Commanding  General  of  the  Fourth 
Military  District  to  superintend  the  election  for  the  ratification 
or  rejection  of  the  Coostitution,  shall  also,  at  the  same  time  and 
place,  superintend  the  election  for  all  officers  and  Representa- 
tives herein  ordered.  Returns  shall  be  made  in  duplicate, 
sworn  to  by  the  Registrars  and  Commissioners  holding  the 
election,  and  forwarded  three  days  thereafter  to  the  President 
of  this  Convention,  and  to  the  Commanding  General  of  this 
District,  who  shall,  within  five  days  after  the  last  return  has 
been  received,  make  proclamation  of  the  result  of  said  election, 
and  if  said  Constitution  shall  have  been  adopted,  the  President 
of  this  Convention  shall  transmit  a  certified  copy  of  the  same, 
together  with  an  abstract  of  the  votes  cast,  to  the  President  of 
the  United  States,  to  be  by  him  laid  before  the  Congress  of  the 
United  States  for  their  approval  or  rejection,  and  shall  also  de- 
clare the  officers  elected  thereunder;  and  if  declared  ratified, 
the  Constitution  shall,  from  and  after  that  elate,  be  in  full  force 
and  effect. 

Mr.  Castello  moved  to  table ; 

Which  was  carried. 

Mr.  Clarke  moved  to  amend,  by  striking  out  the  word  '•shall."' 
in  third  line,  and  inserting  the  word  "may;" 
Which  was  lost. 

And  section  8  was  adopted,  by  the  following  vote: 
Yeas — Messrs.  Alcorn,  Barry,  Bonne}*,  Bridges,  Caldwell, 
Castello,  Chapman,  Chappell,  Clarke,  Combash,  Cunningham, 
Drane,  Elliott  John.  Fawn,  Fitzhugh,  Gibbs,  Handy,  Hauser, 
Herbert.  Jacobs,  Johnson  A.,  Leas,  Leonard,  Mayson,  Moore, 
Morgan,  Myers,  Mygatt,  McKee,  McKnight,  Newsoin,  Ozanne, 


524 


Parsons  F.,  Parsons  J.  R-,  Peyton  E.  A.,  Powell,  Railsbaek, 
Stewart,  Stringer,  Toy,  Warren,  Weir,  and  Yeoman — 43. 

Nays — Messrs.  Conley,  Holland,  Hutto,  Musgrove,  Stovall, 
and  Woodmansee — 6. 

And  reads  as  follows: 

Sec.  8.  The  Committee  of  Five,  appointed  under  authority 
of  this  Convention,  shall  appoint  three  commissioners  of  elec- 
tion for  each  county,  whose  duty  it  shall  be  to  superintend  the 
election  for  the  ratification  or  rejection  of  the  Constitution;  who 
shall  also,  at  the  same  time  and  place,  superintend  the  election 
for  all  officers  and  Representatives  herein  ordered.  Returns  in 
duplicate,  sworn  to  by  the  said  Commissioners  superintending 
said  election,  and  forwarded  within  three  days  thereafter  to 
the  chairman  of  said  Committee  of  Five  who  shall,  within  five 
days  after  the  last  return  has  been  received,  make  proclama- 
tion of  the  result  of  said  election;  and  shall  also  declare  the 
officers  elected  thereunder,  and  notify  them  of  their  election; 
and  if  declared  ratified,  the  Constitution  shall,  from  and  after 
that  date,  be  in  full  force  and  effect. 

The  Convention  adjourned  until  to-morrow  morning,  at  9 
o'clock. 

T.  P.  Sears, 

Secretary. 


EIGHTY-NINTH  DAY. 

Jackson,  Miss.,  Saturday,  April  18th,  1868. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Conley,  Cunningham,  Drane,  ELliott 
John,  Fawn,  Fitzhugh,  Gibbs,  Handy,  Hauser,  Herbert,  Hol- 
land, Hutto,  Jacobs,  Johnson  A.,  Lawson,  Leas,  Leonard,  May- 
son,  Musgrove,  Moore,  Morgan,  McKee,  McKnight,  Newsom, 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Powell,  Quinn,  Railsback, 
Richardson,  Smith,  Stewart,  Stovall,  Stringer,  Stiles,  Toy,  War- 
ren, Weir,  Williams,  Woodmansee  and  Yeoman — 57. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Dowd,  Elliott  James,  Field,  Howe,  Jamison, 
Johnson  S.,  Jones,  Kerr,  Lack,  Mask,  Miles,  Myers,  Mygatt, 
Neilson,  Nelms,  Niles,  Orr,  Peyton  E.  A.,  Peyton  E.  G.,  Rainey, 
Stites,  Townsend,  and  Walker — 24. 

Journal  of  yesterday  read  and  approved. 


Mr.  Hauser  moved  to  suspend  the  rules,  to  enable  him  to  in- 
troduce a  resolution ; 
Which  was  carried. 
Mr.  Hauser  offered  the  following: 

Jtesolved,  That  rule  No.  46  shall  be  so  changed  as  to  read,  "  a 
quorum  shall  consist  of  a  majority  of  the  members  of  this 
Convention. 

Which  was  adopted. 

Mr.  Clarke  moved  to  suspend  the  rules,  and  take  up  the  mi 
nority  report  on  Ordinance  and  Schedule; 
Which  was  carried. 

Mr.  F.  Parsons  moved  to  reconsider  the  vote  adopting  section 
5,  yesterday; 

Which  was  carried. 

Mr.  Clarke  moved  to  amend,  by  striking  out  section  5,  as 
amended,  and  insert  as  follows : 

Sec.  5.  The  election  for  the  ratification  of  this  Constitution, 
and  all  officers  thereunder,  shall  be  held  at  such  places,  and 
shall  continue  such  time  as  the  Commanding  General  of  the 
Fourth  Military  District  ma}r  direct;  and  the  polls  shall  be 
kept  open  from  seven  o'clock,  a.  m.,  until  seven  o'clock,  p.  m,, 
each  day.  At  said  election,  all  those  in  favor  of  ratifying  the 
Constitution  shall  have  written  or  printed  on  their  ballots,  the 
words  "  For  the  Constitution/'  and  those  opposed  to  the  rati- 
fication of  the  same,  shall  have  written  or  printed  on  their  bal- 
lots, the  words  "  Against  the  Constitution,"  but  no  person  shall 
vote  for  or  against  this  Constitution  on  a  separate  ballot  from 
that  cast  b}T  him  for  officers  to  be  elected  at  said  election  under 
this  Constitution. 

Mr.  Morgan  moved  to  recommit  the  section  to  the  committee; 

Which  was  carried. 

Section  9  was  adopted  as  printed,  and  reads  as  follows  : 
Sec.  9.  The  Legislature  elected  under  this  Constitution  shall 
hold  its  first  session  in  the  Capitol,  in  the  city  of  Jackson,  on 
the  second  Monday  after  the  official  promulgation  aforesaid, 
and  shall  proceed  immediately  upon  its  organization,  to  vote 
upon  the  adoption  of  the  Fourteenth  Amendment  of  the  Con- 
stitution of  the  United  States,  proposed  hy  Congress  and  passed 
June  13, 1866.  Said  Legislature  shall  not  have  power  to  enact 
any  laws  relative  to  the  per  diem  of  members,  nor  on  any  other 
subject  after  organization,  until  said  Constitutional  Amend- 
ment shall  have  been  ratified, 

Section  10  was  adopted,  and  reads  as  follows : 
Sec.  10.  The  first  terms  of  all  civil  officers  elected  at  the 
same  time  this  Constitution  is  submitted  for  ratification  or  re- 
jection, shall  commence  on  the  second  Monday  after  their  fdee- 
tion  shall  have  been  officially  promulgated,  and  they  shall  con- 
tinue to  hold  from  said  time  until  the  expiration  of  the  first  full 
term  succeeding  said  election. 

Section  11  was  adopted,  and  reads  as  follows : 
Sec.  11.  All  Commissioners  of  Election  herein  provided  for, 
shall,  before  entering  upon  their  respective  duties,  take  and 


526 


subscribe  to  the  oath  of  office  prescribed  by  Congress,  approved 
July  2,  1862,  entitled  "an  Act  to  prescribe  an  oath  of  office." 

Section  12  was  adopted,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Barry,  Bonney,  Bridges,  Brinson, 
Castello,  Chapman,  Chappell,  Combash,  Drane,  Fitzhugh,  Gibbs, 
Handy,  Jacobs,  Leas,  Leonard,  Mayson,  Moore,  Morgan,  My- 
gatt,  McKnight,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Powell, 
Quinn,  Railsback,  Richardson,  Stewart,  Stringer,  Stiles,  Toy, 
Warren,  Williams — 34. 

Nays — Messrs.  Alcorn,  Beam,  Clarke,  Cunningham,  Elliott 
John,  Fawn,  Hauser,  Herbert,  Holland,  Hutto,  Johnson  A., 
Lawson,   Musgrove,  McKee,  Newsom,  Stovall,  Weir — 17. 

And  reads  as  follows: 

Sec.  12.  The  Commissioners  of  Election  herein  provided  for 
shall  receive  the  same  compensation  per  day  while  in  attend- 
ance upon  elections,  and  allowances  for  transportation  (when 
actual  disbursements  have  been  made)  as  Registrars,  and  shall 
be  paid  out  of  any  funds  in  the  State  Treasury  to  the  credit  of 
the  Convention  fund,  upon  the  certificate  of  the  Chairman  of 
said  committee  of  Five. 

Mr.  Fitzhugh  moved  to  suspend  the  rules; 

Which  was  laid  on  the  table. 

Mr.  Stiles  moved  that  Mr.  Conley  be  granted  a  leave  of 
absence  for  three  days  from  Monday  next; 
Which  was  carried. 

Mr.  Stovall  was  granted  leave  of  absence  from  day  to  day 
from  Monday  next. 

Mr.  E.  A.  Peyton  was  granted  a  leave  of  absence  for  one  day. 

Mr.  Cunningham  was  granted  a  leave  of  absence  for  one  day 
from  Monday  next. 

Mr.  Parsons,  of  Adams,  moved  to  reconsider  section  8; 

Which  was  carried. 

Section  8: 

Strike  out  the  word  "  superintend,"  in  the  sixth  line,  and 
insert  the  word  "attend,"  and  insert,  after  the  word  "dupli- 
cate," in  the  twelfth  line,  the  words  "  shall  be  made;" 

Which  was  carried. 

And  section  8  was  adopted,  as  amended,  by  the  following 
vote : 

Yeas — Messrs.  Alderson,  Barry,  Bonney,  Bridges,  Brinson, 
Castello,  Clarke,  Combash,  Drane,  Elliott  John,  Fawn,  Fitz-  j 
hugh,  Gibbs,  Handy,  Hauser,  Holland,  Jacobs,  Johnson  A., 
Lawson,  Leas,  Leonard,  Moore,  Morgan,  Mygatt,  McKnight, 
Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Powell,  Railsback, 
Richardson,  Stewart,  Stringer,  Stiles,  Toy,  Warren,  Wil- 
liams— 38. 

Nays — Messrs.  Beam,  Chappell,  Conley,  Cunningham,  Hutto. 
Musgrove,  Weir,  Woodmansee — 8. 
And  reads  as  follows: 

Sec.  8.  The  committee  of  Five  appointed  under  authority  of 
this  Convention  shall  appoint  three  Commissioners  of  Election 
for  each  county,  whose  duty  it  shall  be  to  attend  the  election 


527 


for  the  ratification  or  rejection  of  the  Constitution:  who  shall 
also,  at  the  same  time  and  place,  superintend  the  election  for 
all  officers  and  representatives  herein  ordered.  Returns  in  du- 
plicate shall  be  made,  sworn  to  by  the  said  Commissioners 
superintending  said  election,  and  forwarded  within  three  days 
thereafter  to  the  Chairman  of  said  committee  of  Five,  who 
shall  within  five  days  after  the  last  return  has  been  received, 
make  proclamation  of  the  result  of  said  election,  and  shall  also 
declare  the  officers  elected  thereunder;  and  notify  them  of 
their  election;  and  if  declared  ratified,  the  Constitution  shall, 
from  and  after  that  date,  be  in  full  force  and  effect. 

Mr.  Morgan  moved  to  suspend  the  rules  to  enable  him  to  in- 
troduce a  resolution; 

Which  was  carried. 

Mr.  Musgrove  in  the  chair. 

Mr.  Morgan  offered  the  following: 

Whereas,  C.  H.  Town  send,  a  member  of  this  Convention 
from  the  county  of  Marshall,  did,  on  Thursday,  the  16th  inst., 
make  use  of  grossly  unparliamentary  and  insulting  language, 
addressed  to  the  President  of  this  Convention,  in  the  words 
following,  to-wit:  "  It  is  unjust,  and  you  know  it  to  be  false;*' 
and, 

Whereas,  The  said  C.  H.  Townsend  did  maliciously  assault 
the  President  of  this  Convention,  the  Hon.  B.  B.  Eggleston, 
with  intent  to  do  him  bodily  injury;  and, 

Whereas,  The  said  Townsend  did,  on  the  day  aforesaid,  with 
a  mob  of  disorderly  and  riotous  persons,  assault  other  mem- 
bers of  this  Convention:  therefore,  be  it 

Resolved,  That  C.  H.  Townsend,  member  of  this  Convention 
from  the  county  of  Marshall,  be  forthwith  expelled  from  this 
Convention,  and  his  seat  be  declared  vacant  from  this  date: 

Which  was  adopted,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Brinson, 
Bridges,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Corn- 
bash,  Conley,  Cunningham,  Drane,  Fawn.  Fitzhugh,  Gibbs, 
Handy,  Hauser,  Holland,  Jacobs,  Johnson  A.,  Lawson,  Leas, 
Leonard,  Mayson,  Moore,  Mygatt,  McKee,  Newsom,  Ozanne, 
Parsons  J.  R.,  Parsons  F.,  Powell,  Railsback,  Stewart,  Stringer. 
Toy,  Warren,  Weir,  Williams,  Woodmansee — 43. 

Nats — Messrs.  Elliott  John,  Herbert,  Hutto,  McKnight. 
Stovall,  Stiles — 6. 

President  in  the  chair. 

The  rules  were  suspended  to  permit  the  introduction  of  the 
following  resolution,  offered  by  Mr.  F.  Parsons : 

Resolved,  That  from  and  after  to-day  this  Convention  hold 
two  sessions  daily;  one  commencing  at  9  o'clock  a.  m.,  and  the 
other  at  3  o'clock  p.  m.,  Sundays  excepted. 

Which  was  adopted. 

The  Convention  proceeded  to  consider  the  report  of  the 
committee  on  Franchise. 


528 


Mr.  Parsons,  of  Adams,  moved  to  indefinitely  postpone  sec- 
tion 10,  and  amendments  thereto; 
Which  was  carried. 
Section  11 : 

Mr.  Parsons  moved  to  postpone; 
Which  was  carried. 

Mr.  Clarke  moved  that  the  report  be  adopted  as  a  whole  on 
the  second  reading,  and  100  copies  be  printed  ; 
Which  was  carried. 

The  Convention  proceeded  to  the  consideration*  of  the  report 
of  the  committee  on  General  Provisions. 

And  section  1  was  adopted  and  reads  as  follows : 

Section  1.  The  political  year  of  the  State  of  Mississippi 
shall  commence  on  the  first  Monday  of  January  in  each  year, 
and  the  general  election  shall  be  holden  on  the  first  Tuesday 
succeeding  the  first  Monday  in  November  biennialry. 

Section  2  was  indefinitely  postponed. 

Section  3  was  indefinitely  postponed. 

Section  4  was  indefinitely  postponed. 

Section  5  was  adopted,  and  reads  as  follows : 

Sec.  5.  The  Legislature  shall  pass  laws  to  exclude  from 
office  and  from  suffrage,  those  who  shall  hereafter  be  convicted 
of  bribery,  perjury,  forgery  or  other  high  crimes  or  misde- 
meanors, and  every  person  shall  be  disqualified  from  holding  an 
office  or  place  of  honor,  trust  or  profit,  under  the  authority  of 
this  State,  who  shall  be  convicted  of  having  given  or  offered 
any  bribe  to  procure  his  election  or  appointment. 

Section  6: 

Mr.  Castello  moved  to  strike  out  all  of  the  third  line,  and 
the  word  "  punishment,"  in  the  fourth  line,  and  the  words, 
fci  the  civil  department  of." 

Mr.  Chappell  moved  to  postpone  the  section  and  amend- 
ments. 

Mr.  Castello  moved  to  table  the  motion  to  postpone; 
Which  was  carried. 

And  the  amendment  of  Mr.  Castello  was  adopted. 
And  section  6  was  adopted  as  amended  and  reads  as  follows: 
Sec.  6.  No  person  who.  denies  the  existence  of  a  Supreme 
Being  shall  hold  any  office  in  this  State. 
Section  7; 

Mr.  Parsons,  of  Adams,  moved  to  strike  out  the  first,  second, 
and  third  lines,  to  the  word  "  in,"  in  the  fourth  line,  and 
insert  the  words,  "no  money  shall  be  drawn  from  the  Treasury 
but  in  consequence  of  an  appropriation  made  by  law." 

Mr.  Barry  moved  to  indefinitely  postpone  the  section  and 
amendment; 

Which  was  carried. 

Section  8  was  adopted,  and  reads  as  follows: 

Sec.  8.  The  Legislature  shall  provide  by  law  for  the  indict- 
ment and  trial  of  persons  charged  with  the  commission  of  any 
felony  in  any  county  other  than  that  in  which  the  offense  was 
committed,  whenever,  owing  to  prejudice  or  any  other  cause. 


529 


an  impartial  grand  or  petit  jury  cannot  be  empaneled  in  the 
county  in  which  the  offense  was  committed. 

Section  9  was  adopted,  and  reads  as  follows : 

Sec.  9.  The  credit  of  the  State  shall  not  be  pledged  or  loaned 
in  aid  of  any  person,  association,  or  corporation,  nor  shall  the 
State  hereafter  become  a  stockholder  in  any  corporation  oi 
association. 

Section  10  was  adopted,  and  reads  as  follows : 
Sec.  10.  The  Legislature  shall  have  no  power  to  grant  acts 
of  incorporation  to  individuals  for  banks,  or  other  moneyed  in- 
stitutions, or  for  insurance  companies,  or  for  an}*  business  pur- 
poses,  when  such  acts  shall  provide  for  capital  stock  without 
enjoining  on  such  corporation  the  payment  of  a  tax  of  one-half 
of  one  per  cent,  per  annum  during  tue  continuance  of  the 
charter,  on  the  capital  stock  named  in  the  grant:  and  this  tax 
shall  be  levied  and  collected  in  the  county  in  which  the  corpo- 
ration is  located. 

Section  11  was  adopted,  and  reads  as  follows: 
Sec.  11.  The  term  of  ofllce  of  all  count}-,  township,  and  pre- 
cinct officers  shall  expire  thirty  days  alter  this  Constitution 
goes  into  effect,  and  the  Governor  shall  thereafter  appoint  such 
officers,  whose  term  of  office  shall  continue  until  the  Legisla- 
ture shall  provide  by  law  for  an  election  of  said  officers. 
Section  12  was  adopted,  and  reads  as  follows: 
Sec.  12.  It  shall  be  the  duty  of  the  Legislature,  at  its  first 
session  after  the  adoption  of  this  Constitution,  to  enact  a  law 
dividing  the   State  into  ten  districts,  and  provide  for  the 
appointment  of  ten  commissioners,  one  for  each  district,  who 
shall  hold  their  offices  for  the  term  of  four  years,  and  until 
their  successors  be  duly  appointed  and  qualified,  whose  duty  it 
shall  be  to  classify  the  lands  of  the  State  and  equalize  the 
value  of  the  same  for  taxation. 

Section  13  was  adopted,  and  reads  as  follows: 
Sec  13.  In  all  cases  not  otherwise  provided  for  in  this  Consti- 
tution, the  Legislature  may  determine  the  mode  of  filling  all 
vacancies  in  all  offices,  and  shall  define  their  respective  powers 
and  provide  suitable  compensation  for  all  officers. 
Section  14: 

Mr.  Railsback  moved  to  amend  as  follows : 
Add  the  words  '-the  courts  shall  apply  the  same  liberaL  prin- 
ciples in  favor  of  such  titles  as  in  sales  by  execution;'' 
^V^hich  was  carried. 

Mr.  Cunningham  moved  to  amend  as  follows: 

Strike  out  ail  after  the  word  "lands,"  in  the  fourth  line,  to 
and  including  the  word  "  simple,"  in  the  tenth  line. 

Mr.  Holland  moved  to  amend  as  follows : 

Provided,  That  no  land  shall  be  sold  for  taxes  accruing  on 
it  during  the  rebellion,  or  under  the  disorganized  state  of  the 
government  since  the  close  of  the  war. 

Mr.  Fitzhugh  moved  to  indefinitely  postpone; 

Which  was  carried. 

Mr.  Beam  moved  to  amend  as  follows : 
C— 31 


530 


Provided,  That  said  lands  do  not  belong  to  minors,  which 
lands  shall  be  subject  to  redemption  at  any  time  prior  to 
puberty; 

Which  was  laid  on  the  table. 

Mr.  Castello  offered  the  following: 

Sec.  — .  Taxes  on  lands  shall  be  charged  on  the  lands  taxed, 
and  sales  of  lands  thereof  shall  not  be  declared  invalid  and  the 
title  thereof  shall  not  be  questioned  by  reason  of  any  error  in 
the  assessment  or  proceedings  in  relation  to  said  tax,  prior  to 
the  sale;  Provided,  That  the  Legislature  may,  by  law,  protect 
the  interest  of  minors  and  insane  persons;  And  provided  fur- 
ther, That  when  lands  are  sold  for  non-payment  of  the  taxes, 
they  may  be  sold  in  parcels  not  to  exceed  eighty  acres; 

Which  was  lost. 

And  the  amendment  of  Mr.  Cunningham  was  adopted; 
And  the  section  as  amended  was  adopted,  and  reads  as  fol- 
lows: 

Sec.  14.  The  Legislature,  at  its  first  session,  shall  provide  by 
law  for  the  sale  of  all  delinquent  tax  lands,  and  the  courts  shall 
apply  the  same  liberal  principles  in  favor  of  such  titles  as  in 
sales  by  execution. 

Section  15  was  adopted,  and  reads  as  follows: 
Sec.  15.  The  Legislature  shall  direct,  by  law,  in  what  man- 
ner and  in  what  courts  suits  may  be  brought  against  the  State. 
Section  16  was  adopted,  and  reads  as  follows: 
Sec.  16.  No  laws  ot  a  general  feature,  unless  otherwise  pro- 
vided for,  shall  be  enforced  until  sixty  da}^s  after  the  passage 
thereof. 

Section  17  was  adopted,  and  reads  as  follows: 

Sec.  17.  It  shall  be  the  duty  of  the  Legislature  to  regulate 
by  law  the  cases  in  which  deductions  shall  b©  made  from  sala- 
ries of  public  officers  from  neglect  of  duty  in  their  official 
capacity,  and  the  amount  of  said  deduction. 

Section  18  was  indefinitely  postponed. 
Section  19: 

Mr.  Morgan  moved  to  indefinitely  postpone. 

Mr.  Castello  moved  to  table; 

Which  was  lost. 

And  the  motion  of  Mr.  Morgan  to  indefinitely  postpone,  was 
carried. 

The  Convention  adjourned  to  meet  Monday  morning  at  9 

o'clock. 

T.  P.  Sears, 
Secretary. 


531 


NINETIETH  BAY. 
Jackson.  Miss..  Monday  April  20th,  1868. 

Convention  met  pursuant  to  adjournment. 
■  Prayer  by  the  Chaplain. 

Upon. the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson.  Alcorn,  Ballard,  Bany, 
Beam,  Bonney,  Bridges,  Brinson,  Chapman,  Chappell.  Clarke, 
Combash,  Drane.  Elliott  John,  Fitzhugh,  Gibbs,  Handy, 
Hauser,  Holland,  Hutto,  Jacobs,  Johnson  S.,  Lawson.  Leonard, 
Musgrove.  Moore,  Morgan,  McKee,  McKnight.  Newsoni, 
Ozanne,  Parsons  J.  R..  Parsons  F.,  Powell,  Quinn.  Railsbaek, 
Richardson.  Stewart,  Stiles,  Toy,  Warren,  Weir,  Williams. 
Woodmansee,  and  Yeoman — 47. 

The  following  delegates  weie  absent: 

Messrs.  Caldwell,  Castello.  Collins,  Conley,  Cunningham, 
Dowd,  Elliott  James.  Fawn.  Field,  Herbert.  Howe,  Jamison, 
Johnson  A.,  Jones,  Kerr,  Lack,  Leas,  Mayson.  Mask,  Miles, 
Myers,  Mygatt,  Neilson.  Nelms,  Niles,  Orr,  Peyton  E.  A.,  Pey- 
ton E.  G.,  Rainey.  Smith,  Stites,  Stovall,  Stringer,  Walker — 32. 

Journal  of  Saturday  read  and  approved. 

Leaves  of  absence  were  granted  to  Mr.  Fawn  for  one  day;  to 
Mr.  Nelms,  from  day  to  day;  to  Mr.  Field,  from  clay  to  day;  to 
Mr.  Niles.  for  two  days. 

Mr.  Clarke  moved  to  suspend  the  rules  and  take  up  the  gen- 
eral order  of  the  day: 

Mr.  Ozanne  offered  the  following, 

Which  was  lost : 

Besolced,  That  from  and  after  this  date  no  leave  of  absence 
be  granted  to  any  delegate  of  this  Convention,  nor  shall 
they  be  allowed  to  absent  themselves  from  any  session,  except 
on  account  of  sickness,  on  pain  of  forfeiture  of  their  per  diem. 

Mr.  Woodmansee  moved  to  table; 

Which  was  carried. 

The  repoit  of  the  committee  on  General  Provisions  was 
taken  up. 

And  section  20  was  indefinitely  postponed. 
Section  21 : 

Mr.  Alderson  moved  to  amend  by  striking  out  the  word 
••  Congressional."  in  the  fifth  and  ninth  lines,  and  inserting  the 
words  "  Circuit  Court."* 

Mr.  Clarke  offered  the  following  as  an  amendment  to  the 
amendment: 

In  the  third  line  insert  after  the  word  "  shall,*'  the  words, 
"have  the  authority  to." 

Mr.  Combash  moved  to  lay  the  amendment,  and  the  amend- 
ment thereto  on  the  table; 

Which  was  lost. 

And  the  amendment  of  Mr.  Clarke  wr^s  adopted. 

p 


532 


Mr.  Gibbs  ffio¥ed  the  previous  question,  which  Was  Sustained \ 
and  the  amendment  to  the  amendment  was  adopted,  by  the 
following  vote : 

Yeas — Messrs*  Alderson,  Alcorn,  Barry,  Beam,  Bonney, 
Bridges,  Brinson,  Chapman,  Chappell,  Clarke,  Fitzhugh,  Gibbs5 
Hanser,  Holland,  Jacobs,  Lawson,  Moore,  McKee,  McKnight, 
Newsorn,  Ozanne,  Powell,  Railsback,  Richardson,  Stewart,  Toy, 
Warren,  Weir,  Williams,  Woodmansee,  and  Yeoman — 31. 

Nays — Messrs.  Ballard,  Combash,  Drane,  Handy,  Hutto, 
Johnson  S.,  Morgan,  Parsons  P.,  Parsons  J.  R,,  and  Stiles — 10, 

And  the  section  as  amended  Was  adopted  by  the  following- 
vote  : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Beam,  Bonney, 
Bridges,  Brinson,  Chapman,  Chappell,  Clarke,  Elliott  John, 
Fitzhugh,  Gibbs,  Hauser,  Holland,  LaWson,  Moore,  McKnight, 
Newsom,  Ozanne,  Powell,  Railsback,  Richardson,  Smith,  Stiles, 
Stewart,  Toy,  Warren,  Weir,  Williams,  Woodmansee,  and  Yeo- 
man—32. 

Nays— Messrs.  Ballard,  Combash,  Drane,  Handy,  Hutto, 
Johnson  S.,  Musgrove,  Morgan,  McKee,  Parsons  F.,  and  Par- 
sons J.  R. — 11. 

And  section  21  reads'  as  follows :  ' 

Sec.  21.  The  Legislature  at  its  first  session  under  this  Con- 
stitution, shall  have  authority  to  designate  by  law  such  loyal 
paper  or  papers  in  each  Circuit  Court  District  as  shall  publish 
all  legal  advertising  and  such  official  printing  as  shall  be  re- 
.quired  by  law  in  such  Circuit  Court  District,  and  fix  the 
compensation  therefor* 

Section  22: 

Mr.  Parsons,  of  Adams,  moved  to  to  indefinitely  postpone;- 
Which  was  carried. 

Section  23  was  adopted,  and  reads  as  follows : 
Sec.  23.  No  corporate  body  shall  hereafter  be  created,  re- 
newed, or  extended,  with  the  privilege  of  making,  issuing,  or 
putting  in  circulation  any  notes,  bills,  or  other  paper,  or  the 
paper  of  any  Other  bank,  to  circulate  as  money,  and  the  Leg- 
islature shall  prohibit  by  law  individuals  or  corporations  from 
issuing  bills3  checks,  tickets,  promissory  notes,  or  other  paper 
as  moiie3r;  but  nothing  herein  contained  shall  be  construed  as 
preventing  corporations  or  associations  from  forming  for  such 
purposes  under  the  Acts  of  Congress  for  a  national  system  of 
banking. 

Section  24  was  adopted.^  and  reads  as  follows : 
Sec.  24.  The  property  of  all  corporations  for  pecuniary  prof: 
its  shall  be  subject  to  taxation  the  same  as  that  of  individuals- 
Section  25  was  indefinitely  postponed. 
Section  26  was  indefinitely  postponeds 
Section  27 : 

Mr.  Clarke  moved  to  indefinitely  postpone: 
Which  was  laid  oil  the  table. 
And  section  27  was  lost. 

Section  28  was  adopted,  and  reads  as  follows  i 


533 


Sec.  28.  The  Legislature  shall  not  authorize  any  county, 
city,  or  town,  to  become  a  stockholder  in,  or  to  loan  its  credit 
to  an}-  Company,  Association,  or  Corporation,  unless  two- 
thirds  of  the  qualified  voters  of  such  county,  city,  or  town,  at 
a  special  election  or  regular  election  to  be  held  therein  shall 
assent  thereto. 

Section  29  was  adopted,  and  reads  as  follows: 
Sec.  29.  The  Legislature  shall  never,  authorize  any  lottery, 
nor  shall  the  sale  of  lottery  tickets  be  allowed,  nor  shall  any 
lottery  heretofore  authorized,  be  permitted  to  be  drawn,  or 
tickets  therein  to  be  sold. 

Section  30  was  adopted,  and  reads  as  follows: 
Sec.  30.  No  county  shall  be  denied  the  right  to  raise  by 
•special  tax,  money  sufficient  to  pay  for  the  building  and  repair- 
ing of  court-houses,  jails,  bridges,  and  other  necessary  conven- 
iences for  the  people  of  the  county;,  and  money  thus  col- 
lected shall  never  be  appropriated  for  any  other  purposes; 
Provided,  The  tax  thus  levied  shall  be  a  certain  per  cent,  on 
all  tax  levied  by  the  State. 
Section  31 : 

Mr.  McKee  moved  to  amend  section  31  by  adding  at  the  end 
of  the  section  the  words  "unless  so  specified  in  the  article  of 
Incorporation;'5 

Which  was  lost 

Mr.  Weir  moved  to  amend  by  striking  out  the  word  -  no"  in 
the  fifth  line,  and  adding  the  letter  "s"  to  "  stockholder;" 
Which  was  lost. 

Mr.  Parsons,  of  Adams,  moved  to  indefinitely  postpone. 
Mr.  Fitzhugh  moved  to  table; 
Which  was  carried. 

Mr.  MeEee,  of  Warren,  moved  to.,  amend  the  section  as  fol- 
lows : 

Add  to  the  end  of  the  section  the  words  "unless  so  specified  in 
the  articles  of  association  or  act  of  incorporation; 
Which  was  adopted. 

And  section  31  was  adopted  as  amended,  and  reads  as  fol- 
lows: 

Sec.  31.  Liabilities  of  banks,  associations,  and  other  cor- 
porations, shall  be  secured  by  legislative  enactments,  but  in  all 
•cases,  no  stockholder  shall  be  individually  liable  over  and 
above  the  stock  by  him  owned,  unless  so  specified  in  the  articles 
of  association  or  acts  of  incorporation. 

Mr.  Clarke  offered  the  following  as  an  additional  section : 

Sec.  32,  All  lands  sold  in  pursuance  of  decrees  of  courts 
or  execution,  shall  be  divided  into  tracts  not  to  exceed  one 
hundred  and  sixty  acres. 

Mr.  Fitzhugh  moved  to  indefinitely  postpone; 

Which  was  laid  on  the  table. 

And  the  section  was  adopted,  and  reads  as  above. 

Mr.  Parsons  offered  the  following  as  an  additional  section : 


534 


Sec.  33.  Returns  of  all  elections  shall  be  made  to  the  Secre- 
tary of  State  in  such  manner  as  may  be  prescribed  by  law. 
Mr.  Gibbs  moved  to  indefinitely  postpone; 
Mr.  Fitzhugh  moved  to  table; 
Which  was  lost. 

And  the  motion  to  indefinitely  postpone  was  lost. 

And  the  section  was  adopted,  and  reads  as  above. 

Mr.  Alderson  offered  the  following  as  an  additional  section. 

Sec.  34.  No  person  shall  be  turned  out  of  any  court  cf 
law  or  equity,  or  have  his  cause  of  action  rejected  or  de- 
layed on  account  of  being  ruled  for  security  for  costs; 
Provided,  He  shall  make  oath  or  affirmation  that  he  is  not 
able  to  give  such  security,  and  no  person  having  had  a  cause 
of  action  tried  before  a  Justice  of  the  Peace  and  wishing  to 
take  an  appeal  to  the  Circuit  or  an}r  other  Court,  shall  be  required 
to  give  bond  and  security;  Provided,  He  shall  make  oath  or 
affirmation  that  he  believes  justice  has  not  been  done  him,  and 
that  he  is  not  able  to  give  such  bond  and  security; 

Which  was  laid  on  the  table. 

Mr.  Alderson  offered  the  the  following  as  an  additional  sec- 
tion. 

Sec.  — .  No  exemption  laws  passed  by  the  legislature  shall  ever 
touch  or  in  any  way  act  contracts  made  prior  to  the  Exemption 
Act,  and  no  property  over  and  above  $250  00,  to  be  selected 
by  the  debtor,  shall  be  exempt  from  the  wages  of  labor. 

Mr.  McKee  moved  to  strike  out  all  of  the  section  to  the 
word  "no,"  before  the  word  "property;" 

Which  was  carried. 

Mr.  Weir  offered  the  following,  as  an  addition  to  the  section : 
"  Or  any  other  legal  liability." 
Mr.  Stiles  moved  to  table; 
Which  was  lost. 

And  the  amendment  was  adopted. 

Mr.  Morgan  moved  to  amend  as  follows :  "  The  Legislature, 
at  its  first  session  shall  have  authority  to  make  such  laws  for 
the  exemption  of  property  from  sale  or  execution  for  debts 
contracted  since  the  first  day  of  January,  1861,  or  that  may  be 
hereafter  contracted,  as  in  its  wisdom  it  may  deem  most  expe- 
dient and  conducive  to  the  welfare  of  all  the  people  of  this 
State,  not  conflicting  with  the  Constitution  and  laws  of  the 
United  States  or  of  this  State." 

Mr.  Gibbs  moved  to  indefinitely  postpone  the  amendment  of 
Mr.  Morgan; 

Pending  action  upon  which,  the  Convention  adjourned  to 
meet  at  3  o'clock  p.  m. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  an- 
swered to  their  names: 
Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 


535 


Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Drane,  Elliott  John,  Field,  Gibbs, 
Handy,  Hauser,  Holland,  Hutto,  Jacobs,  Johnson  S.,  Lawson, 
Leonard,  Musgrove,  Moore,  Morgan,  McKee,  McKnight,  Par- 
sons F.,  Parsons  J.  R.,  Powell,  Railsback,  Richardson,  Stewart, 
Stringer,  Toy,  Warren,  Weir,  Williams,  Woodmansee,  Yeo- 
man— 45. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Conley,  Cunningham,  Dowd,  Elliott  James, 
Fawn,  Fitzhugh,  Herbert,  Howe,  Jamison,  Johnson  A.,  Jones, 
Kerr,  Lack,  Leas,  Mayson,  Mask,  Miles,  Myers,  M}rgatt,  Neil- 
son,  Nelms,  Newsom,  Niles,  Orr,  Ozanne,  Peyton  E.  A.,  Pey- 
ton E.  Gr.,  Qainn,  Rainey,  Smith,  Stites,  Stovall,  Stiles,  War- 
ren— 35. 

Leaves  of  absence  were  granted  to  Mr.  E.  A.  Peyton  for 
three  clays;  to  Mr.  Myers,  for  three  clays;  to  Mr.  Mygatt,  for 
one  day;  to  Mr.  Leas,  for  one  day;  to  Mr.  A.  Johnson,  for  one 
day. 

The  motion  of  Mr.  Gibbs,  which  was  pending  on  adjourn- 
inent,  was  carried. 

Mr.  Morgan  moved  to  suspend  the  rules  to  enable  him  to 
introduce  a  resolution; 

Which  was  lost 

Mr.  Alderson  moved  to  indefinitely  postpone  section  and 
amendments; 

Which  was  carried. 

Mr.  Morgan  moved  to  suspend  the  rules  to  enable  him  to 
introduce  a  resolution. 

A  motion  to  table  was  carried,  by  the  following  vote: 
Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Beam,  Brin- 
son, Chapman,  Chappell,  Clarke,  Combash,  Elliott  John.  Field 
Hauser,  Holland,  Jacobs,  Johnson  S.,  Lawson,  Leonard,  Mus- 
grove, Moore,  McKee,  McKnight,  Newsom,  Parsons  F.,  Rails- 
back,  Richardson,  Stiles,  Toy,  Weir,  Woodmansee,  and  Yeo- 
man— 31. 

Nays — Messrs.  Bridges,  Caldwell,  Castello,  Drane,  Fitzhugh. 
Gibbs,  Handy,  Hutto,  Morgan,  Parsons  J.  R.,  Powell,  Stewart, 
Stringer,  Warren,  and  Williams — 15. 

Mr.  Alderson  offered  the  following  as  an  additional  section : 
Sec.  — .  Each  and  every  head  of  a  family  may  have  and  pos- 
sess, free  from  every  description  of  claim,  demand,  and  execu- 
tion, of  any  and  every  kind  of  creditor,  not  more  than  $500 
worth  of  personal  property  of  fair  valuation,  to  be  selected  by 
the  owner,  and  not  more  than  one  hundred  and  sixty  acres  of  land, 
if  in  the  country,  and  a  house  and  lot  to  the  value  of  not  more 
than  one  thousand  and  five  hundred  dollars,  if  in  a  town,  as  the 
law  may  direct;  also  the  wearing  apparel  of  each  and  every 
m ember  of  the  famity;  which  property,  so  exempted  by  law, 
shall  descend,  and  vest,  as  though  no  demand,  debt  or  execu- 
tion existed  against  it;  Provided,  No  property  shall  be  exempt 
from  execution  for  the  purchase  money  of  said  property  and 
the  wages  of  the  laborer. 


536 


Mr.  Castello  moved  to  strike  out  the  words  £<  one  hundred 
and  sixty  acres,"  and  insert  the  words  "  eighty  acres." 

Mr.  F.  Parsons  moved  to  indefinitely  postpone  the  section 
and  amendments; 

Which  was  carried. 

Mr.  Castello  offered  the  following: 

Sec.  — .  That  all  contracts,  judgments,  securities  or  mort- 
gages whatsoever,  made,  given,  granted,  entered  into,  or  exe- 
cuted, where  the  consideration  of  such  contract,  judgment,  se- 
curity or  mortgage,  was  for  slaves  or  the  hire  of  slaves,  are 
hereby  declared  null  and  void. 

Mr.  McKee  moved  to  refer  to  committee  on  Belief, 

A  motion  to  table  was  lost. 

And  the  section  was  so  referred. 

Mr.  Castello  offered  the  following  as  an  additional  section. 

Sec,  — .  All  citizens  of  the  State  of  Mississippi  who  are  un- 
able to  make  a  living  by  manual  labor  shall  not  hereafter  be 
compelled  to  pay  a  poll-tax  in  this  State; 

Which  was  adopted, 

Mr.  Castello  offered  the  following  as  an  additional  section : 
Sec.  — >.  Taxation  shall  be  equal  and  uniform  throughout 

the  State.    All  property  shall  be  taxed  in  proportion  to  its  value 

to  be  ascertained  as  directed  by  law; 
Which  was  adopted. 

Mr.  Clarke  moved  to  adopt  as  a  whole,  on  second  reading, 
and  print  100  copies; 
Which  was  carried. 

The  report  of  the  committee  on  Franchise  was  taken  up  on 
third  reading. 

The  rules  were  suspended  to  take  action  in  the  case  of  the 
Official  Reporter. 

Mr.  Morgan  moved  to  postpone  action  in  the  matter  until  to- 
morrow; 

Which  was  earned. 

The  Convention  resumed  the  consideration  of  the  Franchise 
Report, 

Section  1  was  adopted,  and  reads  as  follows : 

Section  1.  All  elections  by  the  people  shall  be  by  ballot. 

Section  2  was  adopted,  and  reads  as  follows; 

Sec  2.  AH  male  inhabitants  of  this  State,  except  idiots  and 
insane  persons,  and  Indians,  not  taxed,  born  in  the  United 
States,  or  naturalized,  twenty-one  years  old  and  upwards,  who 
have  resided  in  this  State  six  months,  and  in  the  county  one 
month  next  preceding  the  day  of  election,  at  which  said  inhab- 
itant offers  to  vote,  and  who  are  duly  registered  according  to 
the  requirements  of  section  3  of  this  article,  and  who  are  not 
disqualified  by  reason  of  any  crime,  are  declared  to  be  quali- 
fied" electors. 

Section  3  was  adopted,  and  reads  as  follows : 

Sec  3.  The  Legislature  shall  provide,  by  law,  for  the  regis- 
tration of  all  persons  entitled  to  vote  at  any  election,  and  all 
persons  entitled  to  register  shall  take  and  subscribe  to  the  fol- 


537 


lowing  oath  or  affirmation:    "I  do  solemnly  swear  (or 

affirm),  in  the  presence  of  Almighty  God,  that  I  am  twenty- 
one  years  old,  that  I  have  resided  in  this  State  six  months, 

and  in  county  one  month;  that  I  will  faithfully  support 

and  obey  the  Constitution  and  laws  of  the  United  States  and 
of  the  State  of  Mississippi,  and  will  bear  true  faith  and  alle- 
giance to  the  same;  that  I  am  not  disfranchised  in  any  of  the 
provisions  of  the  Acts  known  as  the  Reconstruction  Acts  of 
the- 39th  and  40th  Congress,  and  that  I  admit  the  political  and 
civil  equality  of  all  men,  so  help  me  Cod;"  Provided,  That  if 
Congress  shall,  at  any  time,  remove  the  disabilities  of  any  per- 
son disfranchised  in  the  said  Reconstruction  Acts  of  the  said 
39th  and  40th  Congress  (and  the  Legislature  of  this  State  shall 
concur  therein),  then  so  much  of  this  oath,  and  so  much  only 
as  refers  to  the  said  Reconstruction  Acts,  shall  not  be  required 
of  such  person  so  pardoned,  to  entitle  him  to  be  registered. 

Section  4  was  adopted,  and  reads  as  follows: 

Sec.  4.  No  person  shall  be  eligible  to  any  office  of  profit  or 
trust,  or  to  any  office  in  the  militia  of  this  State,  who  is  not  a 
qualified  voter. 

Mr.  Field  moved  to  adjourn; 

Which  was  lost. 

Mr.  Warren  moved  to  postpone  the  consideration  of  section 
5  until  to-morrow  morning,  at  ten  o'clock; 
Which  was  adopted. 
Mr.  Parsons  moved  to  adjourn; 
Which  was  carried. 

Convention  adjourned  to  meet  to  morrow  morning,  at  9 
o'clock. 

T.  P.  Sears, 

Secretary, 


NINETY-FIRST  DAY. 

Jackson,  Miss.,  Tuesday,  April  21st,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonne3T,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Drane,  Elliott  John,  Fawn,  Field, 
Fitzhugh,  Gibbs,  Hand^y,  Holland,  Hutto,  Jacobs,  Johnson  A., 
Johnson,  S.,  Lawson,  Leas,  Leonard,  May  son,  Musgrove,  Moore, 
Morgan,  Mygatt,  McKee,  McKnight,  Newsom,  Ozanne,  Parsons 
F,.  Parsons  J.  R.,  Powell,  Quinn.  Railsback,  Richardson,  Stew- 


538 


art,  Stringer,  Stiles,  Toy,  Warren,  Weir,  Woodmansee,  and  Yeo- 
man— 53. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Conley,  Cunningham,  Dowel,  Elliott  James, 
Hauser,  Herbert,  Howe,  Jamison,  Jones,  Kerr,  Lack,  Mask, 
Miles,  Myers,  Neilson,  Helms,  Niles,  Orr,  Peyton  E.  A.,  Peyton 
E.  &.,  Eaine3^,  Smith,  Stites,  Stovall,  Walker,  and  Williams — 27. 

Journal  of  yesterday  was  read  and  approved. 

Leave  of  absence  was  grauted  to  Mr.  Stites,  from  day  to  day. 

Mr.  President  :  The  minority  of  the  committee  on  Ordinance 
and  Schedule,  to  whom  was  referred  the  fifth  section  of  the 
report,  beg  leave  to  submit  the  following  for  section  5,  and  re- 
commend its  adoption. 

W.  T.  Combash. 

Sec.  5.  The  election  for  the  ratification  of  this  Constitution, 

shall  be  held  on  the  —  days  of  ,  1868,  at  such  places, 

and  shall  continue  such  time  as  the  Commanding  General  of 
the  Fourth  Military  District  may  direct,  and  the  polls  shall  be 
kept  open  from  seven  o'clock,  a.  m.,  until  seven  o'clock,  p.  m., 
each  day.  At  said  election,  all  those  in  favor  of  ratifying  the 
Constitution,  shall  have  written  or  printed  on  their  ballots,  the 
words,  "  For  Constitution,"  and  those  opposed  to  the  ratifica- 
tion of  the  same,  shall  have  written  or  printed  on  +heir  ballots, 
the  words,  "Against  Constitution,"  but  no  person  shall  vote  for 
or  against  this  Constitution,  on  a  separate  ballot  from  that  cast 
by  him  for  officers  to  be  elected  at  said  election  under  this  Con- 
stitution. 

Report  received, 

Mr.  Morgan,  of  Yazoo,  offered  the  following: 
Resolved,  That  any  member  absent  when  a  vote  is  taken  on 
any  question,  unless  on  leave,  or  for  other  good  reason,  shall 
forfeit  his  per  diem  for  that  day. 

A  motion  to  table  was  carried,  by  the  following  vote : 
Yeas — Messrs.  Alcorn,  Ballard,  Barry,  Beam,  Bridges,  Brin- 
son,  Castello,  Chapman,  Chappell,  Clarke,  Combash,  Drane, 
Elliott  John,  Field,  Holland,  Johnson  A.,  Leonard,  Moore,  My- 
gatt,  McKee,  McKnight,  Newsom,  Parsons  F.,  Parsons  J.  R., 
Richardson,  Stiles,  To}^,  Warren,  Woodmansee,  Yeoman — 30. 

Nays — Messrs.  Bonney,  Caldwell,  Fawn,  Fitzhugh,  Gibbs, 
Handjr,  Hutto,  Johnson  S.,  Lawson,  Leas,  May  son,  Musgrove, 
Morgan,  Ozanne,  Railsback,  Stewart,  Stringer,  and  Weir — 18. 

The  Convention  proceeded  to  the  consideration  of  the  report 
of  the  committee  on  Franchise,  on  its  third  reading. 
And  section  6  was  adopted,  and  reads  as  follows : 
Sec.  6.  In  time  of  war,  insurrection,  or  rebellion,  the  right  to 
vote  at  such  place,  and  in  such  manner  as  shall  be  prescribed 
by  law,  shall  be  enjoyed  by  all  persons  otherwise  entitled  there- 
to, who  may  be  in  the  actual  military  or  naval  service  of  the 
United  States,  or  this  State;  Provided,  Said  votes  be  made  to 
apply  in  the  county  or  precinct  wherein  they  reside. 
Section  7: 


539 


Mr.  Gibbs  moved  that  the  Convention  go  into  the  Committee 
of  the  Whole,  for  the  consideration  of  the  7th  section; 
Which  was  carried. 

And  after  certain  proceedings  had  therein,  committee  rose, 
and  through  ther  chairman,  Mr.  Musgrove,  of  Clarke,  reported 
section  7,  amended  to  read  as  follows : 

Section  7 : 

No  elector  shall  be  deemed  to  have  lost  his  residence  in  this 
State  by  reason  of  absence  therefrom  in  the  service  of  the 
United  States  or  of  this  State. 

Mr.  Clarke  moved  that  the  report  of  the  Committee  of  the 
Whole  be  received; 

Which  was  carried. 

Mr.  Clarke  moved  the  adoption  of  the  report; 
Which  was  lost. 
Section  7: 

Mr.  Alderson  moved  to  indefinitely  postpone  the  section ; 
Which  was  carried. 

Mr.  Stiles  moved  to  go  into  the  Committee  of  the  Whole  to 
consider  section  5; 
Which  was  carried. 

And  after  certain  action  had  therein,  committee  rose  and 
reported  progress,  and  asked  leave  to  sit  again. 
Report  received,  and  request  granted. 
Convention  adjourned  until  3  o'clock,  p.  m. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonne}',  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Clarke,  Combash,  Drane,  Elliott  John,  Fawn,  Field,  Fitzhugh, 
Gibbs,  Holland,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A.,  Law- 
son,  Leas,  Leonard,  Mayson,  Musgrove,  Moore,  Morgan,  My- 
gatt,  McKee,  MeKnight,  Newsom,  Ozanne,  Parsons  F.,  Parsons 
J.  R.,  Powell,  Quinn,  Railsback,  Richardson,  Stewart,  Stringer, 
Stiles,  Toy,  Warren,  Weir,  Woodmansee,  and  Yeoman — 51. 

The  following  delegates  were  absent: 

Messrs.  Chappell,  Collins,  Conle3T,  Cunningham,  Dowd,  Elliott 
James,  Handy,  Herbert,  Hauser,  Howe,  Jamison,  Jones,  Kerr, 
Lack,  Mask,  Miles,  Myers,  Neilson,  Nelms,  Niles,  Orr,  Peyton 
E.  A.,  Pej'ton  E.  G.,  Rainey,  Smith,  Stites,  Stovall,  Walker, 
and  Williams— 29. 

Mr.  Warren  moved  to  go  into  Committee  of  the  Whole,  to 
take  into  consideration  the  5th  section  of  the  Franchise  report. 

Mr.  Morgan  moved  to  adopt  section  5. 

Mr.  McKee  moved  to  lay  on  the  table ; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Beam,  Castello,  Clarke,  Elliott 
John,  Fawn,  Gibbs,  Hutto,  Johnson  S.,  Leas,  Morgan,  Mygatt, 


540 


McKee,  McKnight,  Newsom,  Parsons  F.,  Parsons  J.  R.,  Quinn, 
Richardson,  Toy,  Warren,  and  Woodmansee — 23. 

Nays — Messrs.  Barry,  Bridges,  Brinson,  Caldwell,  Chapman. 
Fitzhugh,  Holland,  Johnson  A.,  Lawson,  Leonard,  Mayson, 
Moore,  Morgan,  Ozanne,  Powell,  Stewart,  Stringer,  Weir — 18. 

Mr.  Fitzhugh  moved  to  go  into  the  committee  of  the  Whole 
to  consider  the  report  on  Franchise; 

Which  was  carried. 

And  after  certain  proceedings  had  therein,  the  committee 
rose,  and  through  its  chairman,  Mr  McKee,  reported  progress 
and  asked  leave  to  sit  again  to-morrow. 

Report  received  and  request  granted. 

The  Convention  adjourned  to  meet  tOrmorrow  morning  at  9 

o'clock, 

T.  P.  Sears, 

Secretary, 


NINETY-SECOND  DAY. 

Jackson,  Miss.,  Wednesday,  April  22d,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alcorn,  Alderson,*  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Combash,  Drane,  Elliott  John,  Fawn,  Fitz- 
hugh, Gibbs,  Handy,  Hauser,  Herbert,  Holland,  Hutto,  Jacobs, 
Johnson  S..  Johnson  A.,  Lawson,  Leas,  Leonard,  Mayson, 
Musgrove,  Morgan,  Moore,  Myers,  M}rgatt,  McKee,  McKnight, 
Newsom,  Niles,  Ozanne,  Parsons  F.,  Parsons  J.  R.„  Powell, 
Railsback,  Richardson,  Stewart,  Stites,  Stringer,  Toy,  Warren, 
Weir,  Williams,  Woodmansee,  and  Yeoman — 56. 

The  following  delegates  were  absent: 

Messrs.  Conley,  Collins,  Cunningham,  Dowd,  Elliott  James, 
Field,  Howe,  Jones,  Kerr,  Jamison,  Lack,  Mask,  Miles,  Neilson, 
Nelms,  Orr,  Peyton  E.  A.,  Peyton  E.  G.,  Quinn,  Rainey,  Smith, 
Stovall,  Stiles,  and  Walker— 24. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted,  to  Mr.  Field  from  day  to 
day;  to  Mr.  Walker  for  five  days. 

To  the  President  and  Members  of  the  Convention  : 

Your  Finance  Committee  beg  leave  to  submit  the  accompa- 


5-41 

living  ordinance  to  facilitate  the  collection  of  the  tax  levied  by 
tnis  Convention* 

Fred.  Parsoxs,  Chairmen. 
B,  Leas, 

J,  B.  WoodmanSee, 

Committee. 

AN  ORDINANCE  TO  AMEND  AN  ORDINANCE  PASSED  BY  THE  COXSTITU- 
TIOXAL  CONVENTION  OF  THE  STATE  OF  MISSISSIPPI,  FEBRUARY  27, 
1860,  TO  PROVIDE  FOR  THE  LEVY  AXD  COLLECTION  OF  A  SPECIAL 
TAX  UPON  THE  PROPERTY  IX  THE  STATE  OF  MISSISSIPPI  TO  PAY 
THE  EXPENSES  OF  SAID  CONVENTION,  IX  CONFORMITY  WITH  THE 
EIGHTH  SECTIOX  OF  AX  ACT  OF  COXG-RE5S  OF  THE  UNITED  STATES- 
PASSED  MARCH  28,  1867, 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Jlis- 
stssippi,  in  Convention  assembled,  That  so  much  of  section  4  of 
the  above  entitled  ordinance,  as  requires  the  Sheriffs  of  the 
several  counties  to  proceed  to  the  collection  of  all  taxes  remain- 
ing due  and  unpaid  at  the  expiration  of  ten  days  by  distress 
and  sale,  be  amended  so  as  to  read  as  follows : 

That  hereafter  the  time  for  collecting  the  Convention  tax 
shall  be  the  same  as  that  allowed  for  the  collection  of  the  State 
taxes  now  being  collected  by  the  several  Sheriffs,  and  all  sales 
for  taxes  unpaid  under  said  ordinance  shall  be  made  at  the  same 
time,  and  in  the  same  manner  as  sales  are  now  made  for  State 
and  county  taxes;  Provided,  That  the  penalty  of  twenty-five 
per  cent,  as  mentioned  in  said  section,  incurred  by  any  person 
by  reason  of  non-payment  of  said  tax  as  therein  specified,  shall 
be  also  extended  in  conformity  with  this  section. 

Sec.  2,  Be  it  further  ordained,  That  two  hundred  and  fifty 
dollars  worth  of  real  or  personal  property  to  the  head  of  each 
family  shall  he  exempt  from  the  payment  of  any  tax  under 
and  by  virtue  of  the  above  entitled  ordinance;  Provided,  That 
this  section  shall  not  apply  to  collections  already  made. 

Report  received  and  made  the  special  order  for  3  o'clock  to- 
day, and  one  hundred  copies  ordered  to  be  printed. 

Mr.  President:  Your  committee  on  Internal  Improvements 
to  whom  was  referred  the  following  resolution ; 

Resolved,  That  the  President  appoint  a  special  committee  of' 
five  to  take  into  immediate  consideration  the  propriety  of  in- 
corporating into  the  Constitution  an  article  providing  for  the 
election  or  appointment  of  a  commissioner  of  immigration 
for  the  State,  and  defining  his  duties ; 

Have  had  the  same  under  consideration,  and  have  instructed 
me  to  report  the  following  section  thereon  for  adoption  : 

Sec.  — .  There  shall  be  a  Commissioner  of  Immigration  arid 
Agriculture  elected  at  the  same  time  and  place  that  other  State 
officers  are  elected,  and  who  shall  hold  his  office  for  the  term  of 
four  years,  unless  sooner  removed  by  law. 

J.  Bauser,  Chairman. 
Ci  W,  Beam, 
Amos  Drane, 

Committed 


542 


Report  received  and  lies  over  under  the  rules,  and  100  copies 
ordered  to  be  printed. 

To  the  President  and  Members  of  Constitutional  Convention: 

Gentlemen — Your  committee,  to  whom  was  referred  a  reso- 
lution introduced  by  Mr.  Stringer,  of  Warren,  on  the  —  day  of 
 ,  beg  leave  to  report  that  after  careful  and  deliberate  con- 
sultation, we  have  resolved  to  submit  the  following,  and  respect- 
fully recommend  that  it  be  inserted  in  the  Constitution,  under 
the  head  of  General  Provisions,  as  additional  sections. 

A.  T.  Morgan, 
-  Thos.  W.  Stringer, 
Committee. 

Section  1.  All  persons  who  are  now  living,  and  all  persons  who 
have  heretofore  lived  and  cohabited  as  husband  and  wife,  shall 
be  taken  and  held  as  lawfully  married  to  all  intents  and  pur- 
poses in  law;  and  their  issue  shall  be  taken  and  held  as  legiti- 
mate offspring  for  all  purposes  in  law. 

Sec.  2.  The  first  Legislature  shall  provide  by  law  for  the 
punishment  of  adultery  and  concubinage. 

Report  received,  and  lies  over  under  the  rules,  and  one  hun- 
dred copies  ordered  to  be  printed. 

The  rules  were  suspended  to  take  up  the  report  of  the  com- 
mittee on  Franchise. 

Mr.  Fitzhugh  moved  that  the  Convention  go  into  Committee 
of  the  Whole  for  its  consideration; 

Which  was  carried. 

And  after  certain  action  had  therein,  the  committee  rose,  and 
through  their  chairman,  Mr.  Musgrove,  reported  progress,  and 
asked  leave  to  sit  again. 

Report  received. 

Convention  adjourn  el  to  meet  at  three  o'clock  p.  m. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Clarke,  Combash,  Drane,  Elliott  John,  Fawn,  Gibbs,  Handy, 
Hauser,  Herbert,  Holland,  Jacobs,  Johnson  S.,  Johnson,  A., 
Lawson,  Leas,  Leonard,  May  son,  Musgrove,  Moore,  Morgan, 
Mygatt,  McKee,  McKnight,  Newsom,  Niles,  Ozanne,  Parsons  F., 
Parsons  J.  R.,  Powell,  Railsback,  Richardson,  Stewart,  Stringer, 
Stiles,  Toy,  Warren,  Weir,  Williams,  Woodmansee,  and  Yeo- 
man— 52. 

The  following  delegates  were  absent: 

Messrs.  Chappell,  Collins,  Conley,  Cunningham,  Dowd, 
Elliott  James,  Field,  Fitzhugh,  Howe,  Jamison,  Jones,  Kerr, 


543 


Lack,  Mask,  Miles,  Myers,  Neilson,  Nelms,  Orr,  Peyton  E.  A., 
Peyton  E.  G.,  Quinn,  Rainey,  Smith,  Stites,  Stovall,  Walker — 27, 

Convention  resumed  the  consideration  of  the  report  on 
Franchise. 

Section  5: 

Mr.  Chapman  offered  the  following: 

Add  to  end  of  section  the  following:  Provided  further,  That 
nothing  in  this  section,  except  voting  for  or  signing  the  ordi- 
nance of  secession,  shall  be  so  construed  as  to  exclude  from 
office  the  private  soldier  of  the  late  so-called  Confederate  States 
army ; 

Which  was  adopted. 

Mr.  Gibbs  moved  to  go  into  Committee  of  the  Whole  to  con- 
sider the  5th  section  of  the  report  of  the  committee  on  Fran- 
chise. 

Mr.  Parsons,  of  Adams,  moved  the  previous  question ; 
Which  was  sustained. 

And  section  5  as  amended,  was  adopted  by  the  following 
vote : 

Yeas — Messrs.  Alcorn,  Barry,  Bonney,  Bridges,  Brinson, 
Caldwell,  Chapman,  Clarke,  Combash,  Drane,  Fawn,  Fitzhugh, 
Gibbs,  Handy,  Hauser,  Herbert,  Holland,  Jacobs,  Johnson  A., 
Lawson,  Leas,  Leonard,  May  son,  Moore,  Morgan^  Myers, 
Mygatt,  McKnight,  Newsoni,  Ozanne,  Powell,  Rails  back,  Rich- 
ardson, Stewart,  Stiles,  Stringer,  Toy,  Weir,  Williams,  and 
Yeoman — 40. 

Nays — Messrs.  Ballard,  Beam,  Castello,  Elliott  John,  Hutto, 
Johnson  S.,  Musgrove,  McKee,  Miles,  Parsons  F.,  Parsons  J. 
R.,  Stiles,  and  Warren — 13. 

And  reads  as  follows : 

Sec.  5.  No  person  shall  be  eligible  to  any  office  of  profit  or 
trust,  civil  or  military,  in  this  State,  who,  as  a  member  of  the 
Legislature,  voted  for  the  call  of  the  Convention  that  passed 
the  Ordinance  of  Secession,  or  who,  as  a  delegate  to  any  Con- 
vention, voted  for  or  signed  any  ordinance  of  secession,  or  who 
gave  voluntaiy  aid,  countenance,  counsel  or  encouragement  to 
persons  engaged  in  armed  hostility  to  the  United  States,  or 
who  accepted  or  attempted  to  exercise  the  functions  of  any 
office,  civil  or  military,  under  any  authority  or  pretended  gov- 
ernment authority,  power,  or  Constitution,  within  the  L^nited 
States,  hostile  or  inimical  thereto,  except  all  persons  who  aided 
reconstruction  by  voting  for  this  Convention;  but  the  Legisla- 
ture may,  by  a  vote  of  two -thirds  of  each  House,  remove  such 
disability;  Provided,  That  nothing  in  this  section,  except 
voting  for  or  signing  the  Ordinance  of  Secession  shall  be  so 
construed  as  to  exclude  from  office  the  private  soldier  of  the 
late  so-called  Confederate  States  army. 

Mr.  Mygatt  offered  the  following: 

Sec.  6.  It  shall  be  the  duty  of  the  Legislature  of  1875  to 
pass  an  Act  referring  general  amnesty  to  the  people  of  this 
State ;  and  if  a  majority  -of  the  members  of  the  popular  branch 
of  the  Legislature  are  returned  in  its  favor,  the  Legislature  of 


544 


1876  shall  pass  an  Act  of  general  amnesty,  to  take  effect  July 
4th,  A.  D.  1876; 
Which  was  lost. 

Mr.  Hauser  offered  the  following,  as  an  additional  section: 

Sec.  — .  All  persons  who  vote  for  the  ratification  of  this 
Constitution,  or  who  advocate  its  adoption,  shall  be  eligible  to 
office  in  this  State ;  Provided,  That  persons  who  are  ineligi- 
ble by  reason  of  the  14th  article  of  the  Constitution  of  the 
United  States,  shall  not  hold  office  until  their  disabilities  are 
removed  in  accordance  with  the  provisions  of  said  article. 

Mr.  Morgan  moved  to  table; 

Which  was  carried. 

Mr.  Morgan  moved  to  adopt  the  report  on  Franchise  as  a 

whole. 

Mr.  F.  Parsons  moved  to  table; 
Which  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Beam,  Castello,  Elliott  John, 
Gibbs,  Hauser,  Hutto,  Jacobs,  Johnson  S.,  Leas,  Musgrove, 
Mygatt,  McKnight,  Niles,  Newsom,  Parsons  F.,  Parsons  J.  R., 
Railsback,  Stiles,  and  Warren — 20. 

NAYS-Messrs.  Alcorn,  Ballard,  Barry  Bonney,  Bridges,  Brinson, 
Caldwell,  Clarke,  Fawn,  Fitzhugh,  Handy,  Holland,  Johnson  A., 
Lawson,  Leonard,  May  son,  Morgan,  Myers,  Ozanne,  Powell, 
Richardson,  Stewart,  Stites,  Stringer,  Toy,  Weir,  Williams, 
Woodman  see,  and  Yeoman— 29. 

Mr.  F.  Parsons  moved  to  indefinitely  postpone. 

Mr.  Morgan  moved  to  table; 

Which  was  carried. 

Previous  question  called,  call  sustained; 

And  the  motion  of  Mr.  Morgan  to  adopt  as  a  whole  was  car- 
ried, by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Barry,  Bonney,  Bridges,  Brinson, 
Caldwell,  Castello,  Chapman,  Clarke,  Elliott  John,  Fawn,  Fitz* 
hughj  Handy,  Holland,  Jacobs,  Johnson  A.,  Lawson,  Leas, 
Leonard,  May  son,  Morgan,  Myers,  Mygatt,  Newsom,  Ozanne, 
Parsons  J.  R.,  Powell,  Richardson,  Stewart,  Stites,  Stringer, 
Toy,  Warren,  Weir,  Williams,  Woodmansee,  and  Yeoman— 37, 

NAYS—Messrs.  Alderson,  Ballard,  Beam,  Gibbs,  Hauser, 
Hutto,  Johnson  SM  Musgrove,  McKnight,  Mies,  Parsons  F., 
Railsback,  and  Stiles— 13. 

Mr»  A  Johnson  moved  to  adjourn; 

Which  was  lost. 

Mr.  Barry,  of  Holmes,  moved  to  refer  report  on  Franchise 
to  the  committee  on  Form  and  Arrangement; 
Which  was  carried, 

The  Convention  took  up  for  consideration  the  ordinance  re- 
reported  by  the  Finance  Committee  this  morning,  and  the  ordi- 
nance passed  its  first  reading. 

Mr.  Castello  moved  to  suspend  the  rules  to  put  the  ordinance 
Upon  its  second  reading  by  sections  ; 

Which  was  carried; 

And  section  1  was  adopted,  and  riads  as-  follows  \ 


545 


Section  1.  Be  it  ordianed  by  the  people  of  the  State  of  Mis- 
sissippi, in  Convention  assembled,  That  so  much  of  section  4 
of  tlie  above  entitled  ordinance  as  requires  the  Sheriffs  of  the 
several  counties  to  proceed  to  the  collection  of  taxes  remaining 
clue  and  unpaid  at  the  expiration  of  ten  days,  by  distress  and 
sale,  be  amended  so  as  to  read  as  follows:  "  That  hereafter  the 
time  for  collecting  the  Contention  tax  shall  be  the  same  as 
that  allowed  for  the  collection  of  the  State  taxes  now  being- 
collected  by  the  several  Sheriffs,  and  all  sales  for  taxes  unpaid 
under  said  ordinance,  shall  be  made  at  the  same  time,  and  in 
the  same  manner,  as  sales  are  now  made  for  State  and  county 
taxes  ;  Provided,  That  the  penalty  of  25  per  cent.,  as  mention- 
ed in  said  section,  incurred  by  any  person,  hy  reason  of  non- 
payment of  said  tax,  as  therein  specified,  shall  be  also  extended 
in  conformity  with  this  section." 

Mr.  Niles  moved  to  adjourn; 

Which  was  carried. 

The  Convention  adjourned  to  meet  to-morrow  morning  at  9 
o'clock. 

T.  P.  Sears, 

Secretary, 


NINETY-THIRD  DAY. 

Jackson,  Miss.,  Thursday,  April  23d,  1868, 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Barry 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chap- 
pell,  Clarke,  Combash,  Cunningham,  Drane,  Elliott  John. 
Fawm,  Field,  Fitzhugh,  G-ibbs,  Handy,  Hauser,  Holland,  Hutto, 
Jacobs,  Johnson  A.,  Johnson,  S.,  Lawson,  Leas,  Leonard,  May- 
son,  Musgrove,  Moore,  Morgan,  M}rers,  Mygatt,  McKnight, 
Neilson,  Niles,  Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  R., 
Powell,  Railsback,  Richardson,  Stewart,  Stites,  Stringer, 
Stiles,  Toy,  Warren,  Weir,  Williams,  Woodmansee,  and  Yeo- 
man— 58. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Conley,  Dowd,  Elliott  James,  Herbert, 
Howe,  Jamison,  Jones,  Kerr,  Lack,  Mask,  Miles,  McKee, 
Nelms,  Orr,  Peyton  E.  A.,  Peyton  E.  G.,  Quinn,  Raine}',  Smith, 
Stovall,  Walker— 22. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  Mr.  Conley  from  day  to 
day ;  to  Mr.  James  Elliott  for  five  days ;  to  Mr.  M.  T.  Newsom 
C— 35 


546 


for  one  day;  to  Mr.  Geo.  C.  McKee  for  one  day;  and  to  Mr. -E. 
A.  Peyton  from  day  to  day. 

Mr.  Barry  moved  to  suspend  the  rules  to  permit  him  to  in- 
troduce an  ordinance,  and  to  permit  the  matter  of  title  to  lands 
for  government  cemeteries  in  Tishomingo  county  to  be  taken 
up; 

Which  was  carried. 

Whereupon,  Mr.  Barry  introduced  the  following : 

AN  ORDINANCE  FOR  THE  RELIEF  OF  JOSHUA  S.  MORRIS,  OF  CLAI- 
BORNE COUNTY,  AND  ELIJAH  A.  PEYTON,  OF  HINDS  COUNTY,  AND 
JEFFERSON  L.  WOFFORD  OF  TISHOMINGO  COUNTY  IN  THE  STATE 
OF  MISSISSIPPI. 

Be  it  ordained  by  the  people  of  Mississippi,  in  Convention 
assembled,  That  Joshua  S.  Morris,  of  Claiborne  couty,  Elijah 
A.  Peyton,  of  Hinds  county,  and  Jefferson  L.  Wofford,  of  Tisho- 
mingo county,  in  this  State,  are  herby  exempted  from  the 
operation  of  any  disabling  clause  in  the  Constitution  formed 
by  this  Convention,  both  as  to  suffrage  and  elegibility  to  office, 
and  all  their  political  disabilities  real  or  supposed  are  hereby 
removed. 

Mr.  Barry  moved  to  receive  the  ordinance  and  take  action 
upon  it; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Beams,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke, 
Combash,  Fitzhugh,  Holland,  Jacobs,  Johnson  A.,  Leas,  May- 
son,  Moore,  Morgan,  Myers,  Mygatt,  McKnight,  Ozanne,  Pow- 
ell, Kailsback,  Richardson,  Stewart,  Stites,  Stringer,  Stiles, 
Warren,  Weir,  Williams,  Woodmansee,  and  Yeoman — 37. 

Nays — Messrs.  Fawn,  Field,  Gibbs,  Hauser,  Hutto,  Johnson 
S.,  Leonard,  Musgrove,  and  Parsons  F — 9. 

Mr.  Morgan  moved  to  put  the  ordinace  upon  its  first  reading 
by  its  title. 

Mr.  Leas  move'd  the  previous  question, 

Which  was  sustained; 

And  the  motion  of  Mr.  Morgan  was  carried. 

Mr.  Gibbs  moved  to  suspend  the  rules,  and  put  the  ordi- 
nance upon  his  its  second  reading,  and  under  the  operation,  of 
the  previous  question,  the  motion  of  Mr.  Gibbs  was  carried,  by 
the  following  vote : 

Yeas — Messrs.  Alcorn,  Alderson,  Barry,  Bonney,  Bridges. 
Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Cunningham, 
Fitzhugh,  Gibbs,  Holland,  Jacobs,  Johnson  A.,  Lawson,  Leas, 
Leonard,  May  son,  Moore,  Morgan,  Myers,  Mygatt,  McKnight, 
Ozanne,  Powell,  Railsback,  Stewart,  Stiles,  Stinger,  Stites,  Wier, 
Woodmansee,  and  Yeoman — 35. 

Nays — Messrs.  Ballard,  Beam,  Clarke,  Combash,  Elliot  John, 
Fawn,  Field,  Hauser,  Hutto,  Johnson  S.,  Musgrove,  Parsons  F., 
Richardson,  and  Warren — 14. 

Mr.  Gibbs  offered  the  following : 


547 


Insert  after  uWofford,  of  Tishoming  county,"  the  words  -and 
all  other  loyal  men  in  this  State,  who  have  advocated,  and  still 
advocate  and  sustain  the  reconstruction  measures  of  the  39th 
and  40th  Congress. 

Mr.  Fitzhugh  moved  to  lay  on  the  table; 

Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Barry,  Bonney,  Bridges,  Brinson,  Caldwell, 
Chapman,  Cunningham,  Fawn,  Fitzhugh,  Handy,  Johnson  A., 
Lawson,  Leas,  Leonard,  Moore,  Morgan,  Ozanne,  Powell,  Stew- 
art, Stringer,  Wier,  Williams,  and  Woodmansee — 23. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Castello, 
Chappell,  Clarke,  Combash,  Drane,  Elliott  John,  Field,  Gibbs, 
Hauser,  Holland,  Hutto.  Jacobs,  Johnson  S.,  Musgrove,  Mc- 
Knight,  Myers,  Parsons  F.,  Parsons  J.  P.,  Pailsback,  Rich- 
ardson, Stiles,  Stites,  Warren,  and  Yeoman — 28, 

Mr.  Stiles  moved  the  previous  question, 

Which  was  sustained; 

And  the  amendment  of  Mr.  Gibbs  was  lost,  by  the  following 
vote : 

Yeas — Messrs.  Alderson,  Beam,  Clarke,  Elliott  John,  Field, 
Hauser,  Hutto,  Jacobs,  Johnson  S.,  Musgrove,  McKnight,  Mies, 
Parsons  F.,  parsons  J.  R.,  Railsback,  Richardson,  Stiles,  War- 
ren, and  Weir — 19. 

Nats — Messrs.  Barry,  Bonney,  Bridges,  Brinson,  Caldwell, 
Combash,  Cunningham.  Drane,  Fawn,  Fitzhugh,  Gibbs,  Handy. 
Holland,  Johnson  A.,  Leas,  Leonard,  Mayson,  Moore,  Morgan, 
Myers,  Mygatt.  Ozanne,  Powell,  Stewart,  Stites,  Woodmansee, 
and  Yeoman — 27. 

And  the  ordinance  introduced  by  Mr.  Barry  passed  its  second 
reading,  by  the  following  A^ote: 

Yeas — Messrs.  Alderson,  Barry,  Bonney,  Bridges.  Brinson, 
Caldwell.  Clarke,  Combash,  Cunningham,  Drane,  Fitzhugh, 
Gibbs,  Handy.  Holland,  Jacobs,  Johnson  A.,  Leas,  Leonard, 
Mayson,  Moore,  Morgan,  Mygatt,  McKnight,  Ozanne,  Parsons 
F.,  Parsons  J.  R.,  Powell,  Railsback,  Stewart,  Stiles,  Stringer, 
Stites,  Warren,  Weir,  Woodmansee.  and  Yeoman — 36. 

Nays — Messrs.  Beam,  Elliott  John.  Fawn.  Field,  Hauser, 
Hutto,  Johnson  S.,  Musgrove,  Myers,  Niles,  Richardson— 11. 

Mr.  Gibbs  moved  to  reconsider. 

Pending  consideration  of  the  same,  the  Convention  adjourned 
to  meet  at  3  o'clock  p.  m. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson.  Alcorn,  Ballard,  Barry, 
Beam,  Bonne}r,  Bridges,  Caldwell,  Clarke,  Combash,  Cunning- 
ham, Drane,  Fawn,  Field,  Gibbs,  Hauser,  Hutto,  Jacobs,  John- 
son S.,  Johnson  A.,  Lack,  Lawson,  Leas,  Leonard,  Mayson, 
3Iusgrove,  Moore,  Morgan,  Myers,  Mygatt,  McKnight,  Newsom, 


548 


Niles,  Ozanne,  Parsons  F,,  Poweil,  Railsback,  Richardson,  Stew- 
art, Stites,  Stringer,  Stiles,  Toy,  Williams,  Woodmansee,  and 
Yeoman — 47. 

The  following  delegates  were  absent: 

Messrs.  Brinson,  Castello,  Chapman,  Chappell,  Collins,  Con- 
ley,  Dowel,  Elliott  John,  Elliott  James,  Fitzhugh,  Handy,  Her- 
bert, Holland,  Howe,  Jamison,  Jones,  Mask,  Miles,  McKee, 
Neilson,  Nelms,  Orr,  Parsons  J.  P.,  Peyton  E.  A.,  Peyton  E.  G., 
Quinn,  Rainey,  Smith,  Stovall,  Walker,  Warren,  and  Weir— 33, 

The  motion  to  reconsider,  pending  on  adjournment,  was  with- 
drawn. 

Mr.  Barry  moved  to  suspend  the  rules  that  the  ordinance 
might  be  put  upon  its  third  reading; 
Which  was  carried. 

Mr.  Leonard  moved  the  previous  question ; 
Which  was  sustained. 

And  under  the  operation  thereof,  the  ordinance  was  passed, 
by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Bonney, 
Bridges,  Brinson,  Caldwell,  Clarke,  Combash,  Cunningham, 
Drane,  Fawn,  Gibbs,  Handy,  Holland,  Jacobs,  Johnson  A., 
Johnson  S.,  Lawson,  fLeas,  Leonard,  May  son,  Morgan,  Mygatt, 
McKnight,  Ozanne,  Parsons  F«,  Parsons  J.  R.,  Powell,  Rails- 
back,  Richardson,  Stewart,  Stites,  Stringer,  Stiles,  Toy,  Warren. 
Weir,  Williams,  and  Woodmansee— 42. 

Nays — Messrs.  Field,  Hauser,  Hutto,  Lack,  Musgrove,  and 
Neilson- — 6. 

The  committee  on  Public  Lands  submitted  the  following: 
Mr.  President:  Your  committee  to  whom  was  referred  the 
following  ordinance,  which  we  approve  and  beg  leave  to  report. 

Respectfully, 

J.  W.  Field, 

Chairman. 

Aif  ORDINANCE  TO  CEDE  TO  THE  UNITED  STATES  THE  JURISDICTION 
OVER  THE  NATIONAL  CEMETERIES  IN  THIS  STATE,  AND  TO  PRO- 
TECT "THE  SAME. 

Section  1.  Be  it  ordained  by  the  people  of  Mississippi,  m 
Convention  assembled,  That  the  exclusive  jurisdiction  over 
the  tracu  of  land  and  parcel  of  ground  with  the  appurtenances 
thereto  obtained,  purchased,  used,  and  occupied  for  burial  pur- 
poses by  and  for  the  United  States,  hereinafter  described  with 
the  premises  thereto  attached  for  officers'  and  soldiers'  quar- 
ters, and  for  guards,  is  hereby  ceded  to  the  United  States: 
Provided,  however,  That  jurisdiction  thereof  shall  be  retained 
by  the  State  of  Mississippi,  so  far  as  to  punish  offenders 
against  this  law  by  presentment  or  indictment,  and  fine  or  im- 
prisonment as  hereinafter  provided,  "  Union  National  Ceme- 
tery, "  located  in  Corinth,  Tishomingo  county,  Mississippi,  con- 
taming  twenty  acres  of  land,  more  or  less. 

Sec,  2.  That  the  exclusive  jurisdiction  over  this  tract  and 


549 


parcel  of  land,  with  the  buildings  and  appurtenances  belong- 
ing to  the  same,  including  the  quarters  for  officers,  keepers, 
guards,  or  soldiers  in  charge  of  the  same,  and  the  premises 
connected  therewith,  now  or  at  any  time  hereafter  purchased, 
used  or  occupied  by  the  United  States,  their  officers  or  agents 
for  a  cemetery  or  burial  place,  located  as  aforesaid,  is  hereby 
ceded  to  the  United  States,  and  whenever  such  premises  shall 
be  no  longer  required,  used,  or  occupied  by  the  United  States, 
the  jurisdiction  of  such  abandoned  property  may  revert  to 
the  State  of  Mississippi. 

Sec.  3.  The  property  over  which  jurisdiction  is  ceded  herein, 
shall  be  held  exonerated  and  free  from  any  taxation  or  assess- 
ment under  the  authority  of  this  State,  or  any  municipality 
therein,  until  the  jurisdiction  shall  have  reverted,  and  the  title 
and  possession  to  said  cemetery,  grounds,  buildings,  and  ap- 
purtenances, shall  be  protected  to  the  United  States,  and  no 
process  of  any  court,  shall  be  permitted  against  the  same,  or 
to  dispossess  the  officers  or  agents  of  the  United  States  there- 
of, without  restricting  any  just  claim  for  damages  or  value  in 
the  form  or  mode  provided  by  the  United  States  for  prose- 
cuting the  same. 

Sec.  4.  That  any  malicious,  wilful,  reckless,  or  voluntary 
injury  to  a  mutilation  of  the  graves,  monuments,  fences,  shrub- 
bery, ornaments,  walks,  or  buildings  in  said  cemetery  or  burial 
place,  or  appurtenances,  shall  subject  the  offender,  or  offenders, 
each,  to  a  fine  of  not  less  than  twenty  dollars,  to  which  may 
be  added:  for  an  aggravated  offense,  imprisonment  not  exceed- 
ing six  months  in  the  count}'  jail  or  work-house,  to  be  prose- 
cuted before  any  court  of  competent  jurisdiction. 

Sec.  5.  That  this  ordinance  shall  take  effect,  and  be  in 
force  from  and  after  its  passage. 

Report  received. 

Mr.  Barry  moved  to  suspend  the  rules  to  enable  him  to  in- 
troduce an  ordinance; 
Which  was  lost 

The  Convention  resumed  the  consideration  of  the  report 
jf  the  Finance  Committee  upon  its  second  reading. 
'Section  -2 : 

Mr.  Cunningham  moved  to  indefinitely  postpone ; 
Which  was  carried. 

Mr.  Parsons,  of  Adams,  moved  to  suspend  the  rules  to  place 
the  ordinance  on  its  third  reading; 
Which  was  carried. 

Mr.  Parsons,  of  Adams,  moved  to  amend  the  ordinance  as 
follows : 

Provided  further,  That  this  section  shall  not  be  so  con- 
strued as  to  extend  the  time  of  making  reports  to  the  State 
Treasurer  by  the  several  Sheriffs  as  provided  in  said  ordinance, 
but  said  reports  shall  be  made  as  heretofore,  every  five  days; 

Which  was  adopted. 

And  the  ordinance  was  adopted  as  amended,  and  reads  as 
follows; 


550 


AN  ORDINANCE  TO  AMEND  AN  ORDINANCE  PASSED  BY  THE  CONSTITU- 
TIONAL CONVENTION  OF  THE  STATE  OF  MISSISSIPPI,  FEBRUARY  27, 
1868,  TO  PROVIDE  FOR  THE  LEVY  AND  COLLECTION  OF  A  SPECIAL 
TAX  UPON  THE  PROPERTY  IN  THE  STATE  OF  MISSISSIPPI,  TO  PAY 
THE  EXPENSES  OF  SAID  CONVENTION,  IN  CONFORMITY  WITH  THE 
EIGHTH  SECTION  OF  AN  ACT  OF  CONGRESS  OF  THE  UNITED  STATES, 
PASSED  MARCH  23,  1867. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Mis- 
sissippi, in  Convention  assembled,  That  so  much  of  section  4  of 
the  above  entitled  ordinance  as  requires  the  Sheriffs  of  the 
several  counties  to  proceed  to  the  collection  of  all  taxes 
remaining  due  and  unpaid  at  the  expiration  of  ten  days,  by 
distress  and  sale,  be  amended  so  as  to  read  as  follows:  "  That 
hereafter  the  time  for  collecting  the  Convention  tax  shall  be 
the  same  as  that  allowed  for  the  collection  of  the  State  taxes 
now  being  collected  by  the  several  Sheriffs,  and  all  sales  for 
taxes  unpaid,  under  said  ordinance,  shall  be  made  at  the  same 
time,  and  in  the  same  manner,  as  sales  are  now  made  for  State 
and  county  taxes;  Provided,  That  the  penalty  of  twenty-five 
per  cent.,  as  mentioned  in  said  section,  incurred  by  any  person, 
by  reason  of  non-payment  of  said  tax,  as  therein  specified, 
shall  be  also  extended  in  conformity  with. this  section;"  Pro- 
vided further,  That  this  section  shall  not  be  so  construed  as 
to  extend  the  time  of  making  reports  to  the  State  Treasurer 
by  the  several  Sheriffs  as  provided  in  said  ordinance^  but  said 
reports  shall  be  made  as  heretofore,  every  five  days. 

Mr.  Parsons,  of  Adams,  offered  the  following: 

Besolved,  That  250  copies  of  the  amended  tax  ordinance 
passed  this  day  be  printed  and  furnished  the  State  Auditor, 
and  that  he  be  instructed  to  forward  the  same  to  the  several 
Sheriffs,  with  proper  instructions. 

Which  was  adopted. 

The  report  of  the  committee  on  General  Provisions  was 
taken  up  for  the  third  reading: 

Section  1  was  adopted,  and  reads  as  follows : 

Section  1.  The  political  year  of  the  State  of  Mississippi 
shall  commence  on  the  first  Monday  of  January  in  each  yearr 
and  the  general  election  shall  be  holden  on  the  first  Tuesday 
succeeding  the  first  Monday  in  November,  biennially. 

Section  2  was  adopted,  and  reads  as  follows : 
,  Sec.  2.  The  Legislature  shall  pass  laws  to  exclude  from 
office,  and  from  suffrage,  those  who  shall  hereafter  be  convicted 
of  bribery,  perjury,  forgery,  or  other  high  crimes  or  misde- 
meanors; and  every  person  shall  be  disqualified  from  holding 
an  office  or  place  of  honor,  trust  or  profit,  under  the  authority 
of  this  State,  who  shall  be  convicted  of  having  given  or  offered 
any  bribe  to  procure  his  election  or  appointment. 

Section  3  was  adopted,  and  reads  as  follows: 

Sec.  3.  No  person  who  denies  the  existence  of  a  Supreme 
Being  shall  hold  any  office  in  this  State. 

Section  4  was  adopted,  and  reads  as  follows : 


Sec.  4.  The  Legislature  shall  provide  by  law  for  the  indict- 
ment and  trial  of  persons  charged  with  the  commission  of  any 
felony,  in  any  county  other  than  that  in  which  the  offense 
was  committed,  whenever,  owing  to  prejudice  or  any  other 
cause,  an  impartial  grand  or  petit  jury  cannot  be  empaneled 
in  the  county  in  which  the  offense  was  committed. 

Section  5  was  adopted,  and  reads  as  follows: 

Sec.  5.  The  credit  of  the  State  shall  not  be  pledged  or  loaned 
in  aid  of  any  person,  association,  or  corporation,  nor  shall  the 
State  hereafter  become  a  stockholder  in  any  corporation  or 
association. 

Section  6  was  adopted,  as  reads  as  follows : 

Sec.  6.  The  Legislature  shall  have  no  power  to  grant  acts  of 
incorporation  to  individuals  for  banks  or  other  moneyed  institu- 
tions, or  for  insurance  companies,  or  for  any  business  pur- 
poses, when  such  acts  shall  provide  for  capital  stock,  without 
enjoining  on  such  corporation  the  payment  of  a  tax  of  one- 
lialf  of  one  per  cent,  per  annum,  during  the  continuance  of  the 
charter,  on  the  capital  stock  named  in  the  grant,  and  this  tax 
shall  be  levied  and  collected  in  the  county  in  which  the  corpor- 
ation is  located. 

Section  7  was  adopted,  and  reads  as  follows: 

Sec.  7.  The  term  of  office  of  all  county,  township  and  pre- 
cinct officers  shall  expire  thirty  days  after  this  Constitution 
goes  into  effect  and  the  Governor  shall,  thereafter,  appoint 
such  officers,  whose  term  of  office  shall  continue  until  the  Leg- 
islature shall  provide  by  law  for  an  election  of  said  officers. 

Section  8  was  indefinitely  postponed. 

Section  9  was  adopted,  and  reads  as  follows: 

Sec.  9.  In  all  cases  not  otherwise  provided  for  in  this  Con- 
stitution, the  Legislature  may  determine  the  mode  of  filling 
all  vacancies  in  all  offices,  and  shall  define  their  respective 
powers  and  provide  suitable  compensation  for  all  officers. 

Section  10  was  adopted,  and-  reads  as  follows: 

Sec.  10.  The  Legislature,  at  its  first  session,  shall  provide  by 
law  for  the  sale  ct  all  delinquent  tax  lands.  The  court  shall 
apply  the  same  liberal  principles  in  favor  of  such  titles  as  in 
sale  by  execution. 

Section  11  was  adopted,  and  reads  as  follows: 

Sec,  11.  No  laws  of  a  general  feature,  unless  otherwise  pro- 
vided for,  shall  be  enforced  until  sixty  daj^s  after  the  passage 
thereof. 

Section  12  was  adopted,  and  reads  as  follows: 
Sec.  12.  It  shall  be  the  duty  of  the  Legislature  to  regulate 
by  law  the  cases  in  which  deductions  shall  be  made  from 
salaries  of  public  officers  from  neglect  of  duty  in  their  official 
capacity  and  the  amount  of  said  deduction. 
Section  13  was  adopted,  and  reads  as  follows: 
Sec,  13.  The  Legislature  at  its  first  session  under  this  Con- 
stitution, shall  have  authority  to  designate  by  law  such  loyal 
paper  or  papers  in  each  Circuit  Court  District  as  shall  publish 
all  legal  advertising  and  such   official  printing  as  shall  be 


552 


required  by  law  in  such  Circuit  Court  District,  and  fix  the 
compensation  therefor. 

Section  14  was  adopted,  and  reads  as  follows : 
Sec.  14.  No  corporate  body  shall  hereafter  be  created,  re- 
newed or  extended,  with  the  privilege  of  making,  issuing  or 
putting  in  circulation  any  notes,  bills  or  other  paper,  or  the 
paper  of  any  other  bank,  to  circulate  as  money,  and  the  Legis- 
lature shall  prohibit  by  law  individuals  or  corporations  .  from 
issuing  bills,  checks,  tickets,  promissoiy  notes,  or  other  papers 
as  money.  But  nothing  herein  contained  shall  be  construed  as 
preventing  corporations  or  associations  from  forming  for  such 
purposes,  under  the  Acts  of  Congress  for  a  national  system  of 
banking. 

Section  15  was  adopted,  and  reads  as  follows: 
Sec,  15.  The  property  of  all  corporations  for  pecuniary 
profits  shall  be  subject  to  taxation,  the  same  as  that  of  indi- 
viduals. 

Section  16  was  adopted,  and  reads  as  follows: 
Sec.  16.  The  Legislature  shall  not  authorize  any  county, 
city  or  town,  to  become  a  stockholder  in  or  to  loan  its  credit  to 
any  company,  association  or  corporation,  unless  two-thirds  of 
the  qualified  voters  of  such  county,  city  or  town,  at  a  special 
election  or  regular  election  to  be  held  therein  shall  assent 
thereto. 
Section  17: 

Mr.  Woodmansee  moved  to  amend  as  follows : 
.  Provided,  That  this  section  shall  not  apply  to  any  lottery 
heretofore  authorized,  where  the  parties  have  complied  with 
the  requirements  of  their  charter,  by  paying  into  the  State 
Treasury  the  money  required  to  be  paid  in  order  to  authorize 
such  lottery  to  be  conducted. 

Which  was  laid  on  the  table. 

And  section  17  was  adopted,  and  reads  as  follows: 
Sec,  17.  The  Legislature  shall  never  authorize  any  lottery, 
nor  shall  the  sale  of  lottery  tickets  be  allowed,  nor  shall  any 
lottery  heretofore  authorized,  be  permitted  to  be  drawn,  or 
tickets  therein  to  be  sold. 

Section  18  was  adopted,  and  reads  as  follows: 
Sec  18.  No  county  shall  be  denied  the  right  to  raise,  by 
special  tax,  money  sufficient  to  pay  for  the  building  and  repair- 
ing of  court-houses,  jails,  bridges,  and  other  necessary  con- 
veniences for  the  people  of  the  county;  and  money  thus  col- 
lected shall  never  be  appropriated  for  any  other  purposes; 
Provided,  The  tax  thus  levied  shall  be  a  certain  per  cent,  on 
all  tax  levied  by  the  State, 

Section  19  was  adopted,  and  reads  as  follows: 
Sec.  19.  Liabilities  of  banks,  'associations,  and  other  corpo- 
rations, shall  be  secured  by  legislative  enactments;  but  in  all 
cases,  no  stockholder  shall  be  individually  liable  over  and  above 
the  stock  by  him  or  her  owned,  unless  so  specified  in  the  arti- 
cles of  association  or  act  of  incorporation. 
Section  20  was  adopted,  and  reads  as  follows 


553 


Sec.  20.  All  lands  sold  in  pursuance  of  decrees  of  courts  or 
executions  shall  be  divided  into  tracts,  not  to  exceed  one  hun- 
dred and  sixty  acres. 

Section  21  was  adopted,  and  reads  as  follows: 
Sec.  21.  Returns  of  all  elections  hj  the  people  shall  be  made 
to  the  Secretary  of  State  in  such  manner  as  may  be  prescribed 
by  law. 

Section  22  was  indefinitely  postponed. 

Section  23  was  adopted,  and  reads  as  follows: 

Sec.  23.  Taxation  shall  be  equal  and  uniform  throughout 
the  State.  All  property  shall  be  taxed  in  proportion  to  its 
value,  to  be  ascertained  as  directed  by  law. 

Mr.  Gibbs,  of  Wilkinson,  offered  the  following  as  an  addi- 
tional section: 

Sec.  — .  No  provision  of  this  Constitution  relative  to  ineli- 
gibility to  office  shall  ever  be  so  construed  as  to  apply  to  any 
person  who  voted  in  favor  of  calling  the  Convention  that- 
framed  this  Constitution,  or  who  has  openly  and  publicly  advo- 
cated ,and  does  now  and  shall  continue  to  advocate  the  recon- 
struction measures  of  the  Thirth-ninth  and  Fortieth  Congress 
of  the  United  States. 

Mr.  Clarke  offered  the  following  as  an  amendment: 
"And  who  favors  and  votes  for  the  ratification  of  this  Consti- 
tution/' 

Mr.  Fitzhugh  moved  to  indefinitely  postpone  the  section  and 
amendment. 

Pending  which,  the  Convention  adjourned  to  meet  to-morrow 
morning  at  9  o'clock. 

T.  P.  Sears, 
Secretary. 


NINETY-FOURTH  DAY. 

Jackson,  Miss.,  Friday,  April  24th,  1868, 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called',  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Ballard,  Barry,  Beam,  Bon- 
ney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke,  Combash,  Drane,  Elliott  John,  Fawn,  Gibbs,  Handy. 
Hauser,  Holland,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A.,  Lack. 
Lawson,  Leas,  Leonard,  Mayson,  Musgrove,  Moore,  Morgan, 
Myers,  Mygatt,  McKnight,  Neilson,  Newsom,  Niles,  Ozanne. 
Parsons  F.,  Parsons  J.  R.,  Powell,  Railsback,  Richardson,  Stites, 
Stewart,  Stovall,  Stringer,  Stiles,  Toy,  Warren,  Weir,  Wil- 
liams, Woodmansee,  and  Yeoman — 56. 

The  following  delegates  were  absent : 


554 


Messrs.  Alcorn,  Collins,  Conley,  Cunningham,  Dowd,  Elliott 
James,  Field,  Fitzhugh,  Herbert,  Howe,  Jamison,  Jones,  Kerr, 
Mask,  Miles,  McKee,  Nelms,  Orr,  Peyton  E.  A.,  Peyton  E. 
G.,  Quinn,  Rainey,  Smith,  Walker — 24. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  Mr.  Jamison  for  two 
days;  and  to  Mr.  Howe  until  Monday. 

Mr.  Hauser  moved  to  suspend  the  rules,  to  enable  him  to 
introduce  a  report  from  a  special  committee; 

Which  was  carried. 

Mr.  President:  Your  committee  to  whom  was  referred  a 
resolution  to  inquire  into  the  propriety  of  discharging  the  offi- 
cial Reporter,  Mr.  Tovell,  have  had  the  same  under  considera- 
tion, and  beg  leave  to  submit  the  following  report: 

That  the  Official  Reporter  is  not  responsible  for  the  publica- 
tion of  the  speech  of  the  Hon.  J.  W.  C.  Watson,  recently  pub- 
lished in  the  official  journal,  and  that  in  their  opinion  said  Re- 
porter has  faithfully  labored  to  discharge  his  duties  as  Official 
Reporter  of  this  Convention ;  and  your  committee,  therefore, 
would  respectfully  recommend  that  said  Reporter  be  retained 
to  finish  the  reports  of  this  Convention. 

J.  Hauser, 

Chairman. 
N.  B.  Bridges, 
Thos.  W.  Stinger, 
Benj.  Leas, 

Committee. 

Report  received. 

Mr.  President:  Your  Committee  to  whom  was  referred  a 
resolution  of  Mr.  Vaughan,  of  Lafayette,  on  the  9th  of  April 
in  st. 

That  the  Convention  go  into  ballot  to  elect  a  suitable  person 
to  print  the  Journal  of  this  Convention,  together  with  the  Con- 
stitution in  book  and  pamphlet  form,  have  duly  considered  the 
resolution,  together  with  a  circular  letter  addressed  to  the  Presi- 
ident  and  members  of  this  Convention,  by  Mr.  James  Dugan, 
Convention  Printer,  and  referred  to  your  committee,  and  beg 
leave  to  submit  the  following  report : 

That  in  the  opinion  of  your  committee  the  Convention  have 
the  right  to  select  any  person  they  may  choose  to  print  said 
Journal  and  Constitution,  without  infringing  on  the  rights  of 
the  Convention  Printer.  And  your  committee  would  respect- 
fully suggest  in  compliance  with  said  resolution,  that  the  Con- 
vention proceed  at  once  to  select  hj  ballot  a  suitable  person  to 
sprint  the  Journal  of  this  Convention  in  book  form,  and  the 
Constitution  in  pamphlet  form. 

Respectfully, 

J.  Hauser,  Chairman. 
B.  Leas, 

Thos.  W.  Stringer, 
N.  B.  Bridges, 

Committee. 

Mr.  Hauser  moved  to  receive. 


Mr.  Barry  moved  to  amend  and  make  it  it  the  special  order 
for  to-morrow. 

Mr.  Hauser  moved  to  table; 
Which  was  lost. 

And  the  motion  of  Mr.  Barry  was  carried. 
And  the  motion  to  receive  was  adopted. 
The  rules  were  suspended  to  take  up  the  unfinished  business 
of  yesterday. 

The  question  pending  on  adjournment  yesterday,  was  taken 
up.  being  a  motion  to  indefinitely  postpone  section  and  amend- 
ment. 

On  a  division  of  the  question,  so  much  of  the  same  as  re- 
lates to  the  postponement  of  the  amendment  was  carried. 

And  so  much  as  relates  to  the  indefinite  postponement  of 
the  section,  was  lost,  by  the  following  vote : 

Yjas — Messrs.  Bonney,  Chapman.  Caldwell.  Fitzhugh,  Han- 
dy. Leas.  Morgan.  Mygatt.  Ozanne,  Powell.  Stewart,  Stringer, 
Weir;  and  Woodmansee — 14. 

Nays — Messrs.  Alderson,  Beam.  Bridges.  Brinson,  Castello, 
Chappell,  Clarke,  Combash,  Drane,  Fawn.  Gibbs.  Hauser,  Hol- 
land. Hutto,  Jacobs,  Johnson  S..  Johnson  A..  Lack.  Lawson, 
Mayson.  Musgrove,  Moore.  Myers.  McKnight.  Newsom,  Niles. 
Parsons  F.,  Rail*baek.  Richardson,  Stiles.  Stovail.  Stites.  Toy. 
Warren  and  Yeoman — 35. 

Mr.  Ozanne  offered  the  following  amendment  : 

Sec.  — .  No  provision  of  this  Constitution  relative  to  ineli- 
gibility to  office  shall  ever  be  so  construed  as  to  apply  to  any 
persons  who  are  now  disfranchised  by  the  14th  article,  when 
said  disabilities  shall  have  been  removed  by  the  Congress  of 
the  United  States. 

Mr.  Barry  moved  to  refer  to  special  committee  of  three. 

Mr.  Cunningham  moved  to  lay  on  the  table; 

"Which  was  carried. 

Mr.  Morgan  moved  to  lay  section  and  amendment,  on  the 
table. 

The  motion  to  divide  the  question  was  lost: 
And  the  motion  of  Mr.  Morgan  was  lost,  by  the  following 
vote : 

Yeas — Messrs.  Barry,  Bonney,  Bridges,  Brinson,  Caldwell, 
Chapman.  Drane,  Fitzhugh,  Handy.  Johnson  A.,  Lawson.  Leas, 
Leonard,  Moore,  Morgan,  Powell.  Stewart,  Weir,  Woodmansee, 
and  Yeoman — 20. 

Nats — Messrs.  Alderson,  Alcorn.  Beam.  Castello,  Chappell, 
Clarke,  Cunningham,  Elliott  John.  Fawn.  Field,  Gibbs,  Hauser, 
Hutto,  Jacobs,  Johnson  S..  Lack.  Mayson.  Musgrove.  Myers. 
McKnight,  Newsom,  Ozanne,  Parsons  F..  Railsback.  Richard- 
son, Stites,  Stovail,  Stringer,  Stiles.  Toy,  and  Williams — 31. 

And  the  amendment  of  Mr.  Ozanne  was  laid  on  the  table. 

Mr.  Musgrove  moved  the  previous  question ; 

Which  was  sustained. 

And  the  section  offered  by  Mr.  Gibbs  was  adopted,  by  the 
following  vote : 


556 


Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Bridges, 
Castello,  Chappell,  Clarke,  Combash,  Cunningham,  Drane, 
Elliott  John,  Fawn,  Field,  Gibbs,  Hauser,  Hntto,  Jacobs,  John- 
son S.,  Johnson  A.,  Lack,  Mayson,  Musgrove,  Moore,  Myers, 
McKnight,  Newsom,  Niles,  Ozanne,  Parsons  F.,  Rails  back, 
Richardson,  Stites,  Stovall,  Stringer,  Stiles,  Toy,  and 
Weir— 38. 

Nays — Messrs.  Barry,  Bonney,  Brinson,  Caldwell,  Chapman, 
Fitzhugh,  Hancl}T,  Lawson,  Leas,  Leonard,  Morgan,  Powell, 
Stewart,  Williams,  Woodman  see,  and  Yeoman — 16. 

And  reads  as  follows : 

Sec.  — .  No  provisions  of  this  Constitution  relative  to  ineli-  > 
gibility  to  office  shall  ever  be  so  construed  as  to  apply  to  any 
person  who  voted  in  favor  of  calling  the  Convention  that 
framed  this  Constitution,  or  who  has  openly  and  publicly  ad- 
vocated, and  does  now,  and  shall  continue  to  advocate  the 
reconstruction  measures  of  the  39th  and  40th  Congress  of  the 
United  States. 

Mr.  Morgan  offered  the  following  additional  section : 

Sec.  — .  This  Constitution  shall  not  be  so  construed  as  mean- 
ing, anything  wherever  any  disfranchising  clause  appears. 

Mr.  Newsom  moved  the  previous  question; 

Which  was  sustained, 

And  the  section  was  lost. 

Mr.  Stringer  offered  the  following  additional  section : 
Sec.  — .  The  State  of  Mississippi  shall  never  assume  nor  pay 
any  debt  or  obligation  contracted  in  aid  of  the  rebellion;  nor 
shall  this  State  ever,  in  any  manner,  claim  from  the  United 
States,  or  make  any  allowance  or  compensation  for  slaves  emanci- 
pated or  liberated  in  any  way  whatever,  since  the  9th  day  of 
January,  1861; 

Which  was  adopted. 

Mr.  Clarke  moved  to  adopt  the  General  Provisions   as  a 
whole.- 

Pending  action  upon  the  same,  the  Convention  adjourned,  to 
meet  at  3  o'clock  p.  m. 

T.  P.  Sears, 

Secretary. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alcorn,  Barry,  Beam,  Bonney,  Bridges, 
Caldwell,  Castello,  Chapman,  Clarke,  Combash,  Drane,  Elliott 
John,  Fawn,  Fitzhugh,  Gibbs,  Hauser,  Holland,  Hutto,  Jacobs, 
Jamison,  Johnson  S.,  Johnson  A.,  Lack,  Leas,  Leonard,  Mus- 
grove, Moore,  Morgan,  Mygatt,  McKnight,  Newsom,  Ozanne, 
Parsons  F.,  Powell,  Railsback,  Richardson,  Stewart,  Stites, 
Stovall,  Stringer,  Stiles,  Warren,  Weir,  Williams,  Woodmansee, 
and  Yeoman — 48. 

The  following  delegates  were  absent : 


557 


Messrs.  Alderson,  Ballard,  Brinson,  Chappell,  Collins,  Conle}^ 
Cunningham,  Dowd,  Elliott  James,  Handy,  Herbert,  Howe, 
Jones,  Kerr,  Lawson,  Mayson,  Mask,  Miles,  Myers,  McKee, 
N'eilson,  Nelms,  Niles,  Orr,  Parsons  J-  R.,  Peyton  E.  A.,  Pey- 
ton E.  G.,  Quinn,  Raine}r,  Smith,  Toy,  and  Walker — 32. 

The  mover  of  the  motion  to  adopt  General  Provisions  as  a 
whole  was  allowed  to  withdraw  the  same,  and  the  following  was 
presented  as  additional  sections: 

Sec.  — .  All  persons  who  are  now  living,  and  all  persons 
who  have  heretofore  lived  and  cohabited  together  as  husband 
and  wife,  shall  be  taken  and  held  as  lawfully  married  to  all 
intents  and  purposes  in  law,  and  their  issue  shall  be  taken  and 
held  as  legitimate  offspring  for  all  purpose's  in  law. 

Sec.  — .  The  first  Legislature  shall  provide  by  law  for  the 
punishment  of  adultery  and  concubinage. 

Which  was  adopted. 

Mr.  Ozanne  offered  the  following  as  an  additional  section: 
Sec.  — •.  No  provision  of  this  Constitution  relative  to  ineli- 
gibility to  office,  shall  be  so  construed  as  to  apply  to  any  per- 
sons who  have  been  or  are  disfranchised  by  the  pending  Con- 
stitutional amendment,  known  as  article  fourteen;  Provided, 
That  said  disability  shall  have  been  or  hereafter  may  be  rem  >ved 
by  the  Congress  of  the  United  States. 
Mr.  Castello  offered  the  following: 

Provided,  The  Legislature  may,  whenever  it  shall  deem 
proper  and  consistent  with  the  public  safet}r,  enact  an  Act  of 
general  amnesty,  which  shall  be  submitted  to  the  people  for 
ratification  before  becoming  a  law, 

Mr.  Clarke  moved  to  table  the  section  and  amendments; 

Which  was  carried. 

Mr.  Hauser  moved  to  adopt  as  a  whole  the  report  on  General 
Provisions,  and  refer  to  the  committee  on  Form  and  Arrange- 
ment ; 

Which  was  carried. 

Mr.  Barry  moved  to  suspend  the  rules  to  enable  himself  and 
Mr.  Field  to  introduce  ordinances; 
Which  was  carried. 

And  the  following  ordinance  was  presented  by  Mr.  Barry : 

AN  ORDINANCE  IN  RELATION  TO  ESCHEATS  AND  OTHER  SUBJECTS. 

Be  it  ordained  by  the  people  of  the  State  of  Mississippi,  in 
Convention  assembled,  That  no  gift  or  sale  of  property  hereto- 
fore made  in  good  faith  shall  be  invalid  by  reason  of  any  disa- 
bility imposed  by  any  law  or  policy  heretofore  prevailing  in 
this  State,  on  account  of  the  race,  color  or  condition  of  the 
donor  or  donee,  vendor  or  vendee;  and  all  persons  who  have 
heretofore  been  denied  any  legacy  or  inheritance  by  the  opera- 
tion of  any  such  law  or  policy,  are  hereby  declared  to  be  enti- 
tled to  recover  the  same,  in  the  same  manner  as  if  no  such  law 
or  policy,  or  disability  had  ever  existed.  And  all  property  now 
held  by  this  State,  or  by  any  individual  upon  claim  that  the 


558 


same  has  escheated  by  reason  of  such  disability,  shall  be 
restored  to  the  person  or  persons,  or  line  of  descent  or  distri- 
bution who  or  which  would  have  been  entitled  to  the  same  if 
no  such  law  or  policy  had  ever  existed,  or  if  in  the  hands  of 
bona  fide  purchasers  from  the  State,  full  compensation  shall  be 
made  therefor  out  of  the  State  Treasury;  Provided,  That  the 
claimant  of  property  escheated  as  aforesaid  be  a  loyal  citizen 
of  the  United  States  ;  And  provided  further,  That  no  statute 
of  limitations  shall  be  allowed  to  bar  any  claim  under  the  pro- 
visions of  this  section. 
Which  was  received. 

Mr.  Field  offered  the  following  ordinance: 

AN  ORDINANCE  TO  SETTLE  THE  TITLE  OP  PROPERTY  IN  CERTAIN  CASES. 

All  property  claimed  hy  persons  as  having  been  sold  or 
given  to  them  previous  to  their  emancipation  shall  be  entitled 
to  the  same  and  hold  in  fee  simple  upon  making  proof  to  the 
satisfaction  of  the  Court  of  Chancery  that  the  person  or  per- 
sons so  claiming  would  have  been  entitled  to  the  freehold  or 
possession  for  life  had  they  been  free  at  the  time  such  gift  or 
sale  was  made.  No  gift  or  sale  of  property  heretofore  made  in 
good  faith  shall  be  invalid  by  reason  of  any  disability  hereto- 
fore imposed  upon  the  donee  or  vendee  by  any  law  or  policy  of 
this  State  on  account  of  race,  color,  or  previous  condition,  and 
all  property  now  held  by  this  State,  or  by  any  individual  upon 
a  claim  that  the  same  has  escheated  to  the  State  by  reason  of 
such  disability  of  the  owner,  or  of  his  heirs  or  distributees, 
shall  be  restored  to  such  owner,  or  his  heirs  or  distributees,  or 
full  compensation  shall  be  made  therefor  out  of  the  State 
Treasury ;  Provided,  That  this  section  shall  not  apply  to  any 
person  who,  at  the  time  of  application,  shall  not  be  a  citizen 
of  the  United  States;  And  provided  further,  That  no  statute 
of  limitations  shall  apply  to  proceedings  under  this  section. 

Which  was  received. 

Mr.  Hauser  moved  to  suspend  the  rules  to  enable  him  to 
introduce  a  resolution ; 
Which  was  carried. 
Mr.  Hauser  offered  the  following: 

Resolved,  That  J.  R.  Smith,  the  publisher  of  the  Meridian 
Chronicle,  be  allowed  the  sum  of  fifteen  hundred  dollars  (in 
addition  to  the  amount  allowed  heretofore),  on  account  of 
printing  proceedings  of  this  Convention,  and  that  warrants  be 
issued  to  him  for  the  same. 

Which  was  adopted. 

The  fifth  section  of  the  minority  report  of  Ordinance  and 
Schedule,  as  reported  back  from  the  Committee,  was  taken  up 
and  adopted,  and  reads  as  follows : 

Sec.  5.  The  election  for  the  ratification  of  this  Constitution, 
shall  be  held  on  the  ....  days  of  .... ,  1868,  at  such  places,  and 
shall  continue  such  time  as  the  Commanding  General  of  the 
Fourth  Military  District  may  direct;  and  the  polls  shall  be 


559 


kept  open  from  seven  o'clock,  a.  m.,  until  seven  o'clock,  p.  v.. 
each  day.  At  said  election,  all  those  in  favor  of  ratifying  the 
Constitution  shall  have  written  or  printed  on  their  ballots,  the 
words,  "  For  Constitution,"  and  those  opposed  to  the  rati- 
fication of  the  same,  shall  have  written  or  printed  on  their  bal- 
lots, the  words,  "Against  Constitution,"  but  no  person  shall 
vote  for  or  against  this  Constitution  on  a  separate  ballot  from 
that  cast  by  him  for  officers  to  be  elected  at  said  election  under 
this  Constitution. 

Mr.  Fitzhugh  moved  to  reconsider  the  vote  adopting  sec- 
tion 8. 

Mr.  Coinbash  moved  to  lay  the  motion  on  the  table: 
Which  was  lost. 

And  the  motion  to  reconsider  was  carried. 

Mr  Chappell  moved  to  indefinitely  postpone  section  8. 

Mr.  Fitzhugh  moved  to  lay  the  motion  on  the  table; 

Which  was  carried,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Barry.  Bonney,  Bridges, 
Castello,  Caldwell,  Chapman,  Clarke,  Cunningham,  Drane, 
Fawn,  Fitzhugh,  Gibbs.  Handy,  Hauser,  Jacobs.  Jamison,  John- 
son A.,  Leas,  Moore.  Myers,  Mygatt,  Ozanne,  Parsons  F.«  Par- 
sons J.  R.,  Powell,  Railsback.  Richardson.  Stewart,  Stites,  Sto- 
vall.  Stringer,  Warren,  Williams,  and  Woodmansee—  36. 

Nays — Messrs.  Brinson,  Chappell,  Elliott  John,  Field,  Hutto. 
Johnson  S.,  Lack,  Musgrove.  Weir — 9. 

Convention  adjourned  until  to-morrow  morning,  at  9  o'clock. 

T.  P.  Sears, 
Secretary. 


NINETY-FIFTH  DAY. 

Jackson.  Miss.,  Saturday,  April  25th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,Alcorn,  Ballard,  Barry.  Beam. 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman.  Chap- 
pell, Clarke.  Combash,  Cunningham.  Dowd.  Drane,  Elliott  John. 
Fawn,  Field,  Fitzhugh.,  Gibbs,  Handy,  Hauser,  Herbert,  Hol- 
land. Hutto,  Jacobs.  Jamison,  Joh  son  S..  Johnson  A..  Lack. 
Lawson,  Leas,  Leonard,  Mayson,  Musgrove,  Moore,  Morgan, 
Myers,  Mygatt,  McKee,  McKnight,  Neilson,  Xewsom,  Niles, 
Ozanne,  Parsons  F..  Parsons  J.  R.,  Powell,  Railsback.  Rich- 
ardson. Stewart.  Stites,  Stovall,  Stringer,  Stiles,  Toy.  Warren. 
Weir,  Williams,  Woodmansee,  and  Yeoman — 64. 

The  following  delegates  were  absent : 


560 


Messrs.  Collins,  Conley,  Elliott  Jas.,  Howe,  Jones,  Kerr, 
Mask,  Miles,  Nelms,  Orr,  Peyton  E.  A.,  Peyton,  E.  G.,  Quinn, 
Rainey,  Smith,  and  Walker— 16. 

Journal  of  yesterday  was  read  and  approved. 

The  following  report  was  presented: 

Mr.  President:  The  committee  on  Form  and  Arrangement, 
would  respectfully  report  the  Bill  of  Rights,  and  the  Article  of 
the  Constitution  on  Executive  Department,  ready  for  considera- 
tion, and  beg  leave  to  submit  the  same  to  the  Convention,  by 
order  of  the  committee. 

Jere  Hauser, 

Chairman. 

Report  received. 

Mr.  Musgrove introduced  the  following: 

Resolved,  That  a  committee  of  two  be  appointed  to  confer 
with  the  Commanding  General  of  this  District,  to  ascertain  if 
he  will  co-operate  with  this  Convention  in  enforcing  the  pres- 
ent Election  Ordinance. 

Mr.  Parsons,  of  Adams,  moved  to  amend,  and  strike  out  all 
after  the  word  "  resolved,"  and  insert  as  follows: 

That  the  committee  of  Five,  appointed  by  this  Convention, 
to  conduct  the  election,  be  instructed  to  proceed  to  Vicksburg 
and  confer  with  the  Commanding  General,  and  ascertain  what 
further  ordinance,  if  an}T,  is  necessary  to  properly  conduct  the 
election. 

Mr.  Chappell  offered  the  following,  as  an  amendment  to  the 
amendment: 

Strike  out  all  after  the  word  "  resolved,"  and  insert  the  follow- 
ing: 

That  the  Convention,  upon  the  completion  of  the  Constitu- 
tion shall  forthwith  give  information  of  the  same  to  the  Com- 
manding General,  A.  C.  Gillem,  through  their  President,  or  by 
special  deputation,  furnishing  him  with  a  certified  copy  of  the 
Coir  titution,  so  framed,  and  the  Ordinances  pertaining  to  the 
ratification  thereof,  and  that  they  are  ready  to  submit  the  same 
for  adoption  to  the  persons  registered  under  the  provisions  of 
the  Reconstruction  Acts  of  Congress,  and  the  bills  supplemen- 
tary thereto;  and  that  the  said  Commanding  General  be  respect- 
fully requested  to  communicate  any  information,  instruction, 
or  suggestion  that  he  may  deem  to  be  right  and  proper,  to 
facilitate  the  measures  for  the  ratification  of  the  said  Consti- 
tution. 

Mr.  Castello  moved  to  refer  the  amendment  to  the  am  end  - 
ment,  offered  by  Mr.  Chappell,  to  the  committee  on  Form  and 
Arrangement. 

Mr.  Fitzhugh  moved  to  table; 

Which  was  lest. 

And  the  motion  of  Mr.  Castello  was  carried 
And  the  amendment  of  Mr.  Parsons  was  adopted. 
Mr.  Stiles  offered  the  following,  as  an  amendment: 
Strike  out  the  words,  "proceed  to  Vicksburg,  and;" 
Which  was  adopted. 


561 


And  the  resolution  was  adopted,  as  amended,  and  reads  as  fol- 
lows : 

Resolved,  That  the  committee  of  Five,  appointed  by  this 
Convention,  to  conduct  the  election,  be  instructed  to  confer 
with  the  Commanding  General,  and  ascertain  what  further  or- 
dinance,  if  any,  is  necessary  to  properly  conduct  the  same. 

Mr.  Field  offered  the  following : 

Resolved,  That  this  Convention  does  not  possess  the  power 
to  alter  the  boundary  lines  of  counties,  but  if  thought  other- 
wise, by  a  majority,  it  is,  notwithstanding,  highly  inexpedient 
to  do  so. 

The  resolution  lies  over  under  the  rules. 
Mr.  Clarke  moved  that  the  rules  be  suspended  to  take  up  the 
regular  order  of  the  da}r. 

Mr.  Cunningham  moved  to  table; 
Which  was  lost. 

And  the  motion  of  Mr.  Clarke  was  carried. 

And  the  consideration  of  section  8,  of  the  minorit}'  report  of 
the  committee  on  Ordinance  and  Schedule,  pending  last  even- 
ing, on  adjournment,  was  continued. 

Mr.  Chappell  moved  to  amend  section  8  as  follows : 

Strike  out  all  after  the  word  "  after,"  in  the  sixteenth  line, 
to  the  word  "  who,"  in  the  seventeenth  line,  and  strike  out  all 
after  the  word  "  shall,"  in  the  twenty-fifth  line,  and  insert  the 
words  "  then  be  forwarded  by  the  President  of  the  Convention 
to  the  President  of  the  United  States,  in  conformity  with  the 
Reconstruction  Acts  and  bills  supplementary  thereto." 

Mr.  A.  Johnson  moved  to  table; 

Which  wa ;  carried. 

Mr.  McKee  moved  to  postpone  the  present  consideration  of 
section  8. 

Mr.  Combash  moved  to  table; 
Which  was  lost. 

And  the  motion  to  postpone  prevailed. 

Mr.  Parsons,  of  Adams,  moved  to  suspend  the  rules  to 
enable  himself  and  Mr.  Cunningham  to  introduce  resolutions; 
Which  was  carried. 

Mr.  Parsons,  of  Adams,  offered  the  following : 

Resolved,  That  the  committee  on  Form  and  Arrangement  be 
instructed  to  incorporate  in  the  Constitution  the  boundaries  of 
the  State  laid  down  in  the  Constitution  of  1860. 

Which  was  adopted. 

Mr.  Cunningham  offered  the  following: 

Resolved,  That  the  Legislature  shall  provide  by  law  that 
every  citizen  house  holder,  being  the  head  of  a  family,  resident 
of  this  State,  may  hold,  exempt  from  seizure,  under  any  execu- 
tion, attachment,  or  other  final  process,  of  any  court  of  this 
State,  a  homestead  and  necessary  household  goods,  and  furni- 
ture, not  more  in  any  case,  than  $1,500  in  value. 

Mr.  F.  Parsons  moved  to  refer  to  a  select  committee  of  three, 
with  instructions  to  report  a  section  in  reference  to  the  above. 
.     C— 36 


562 


Mr,  Weir  moved  to  refer  to  Committe  on  General  Provisions; 
Which  was  carried. 

The  special  order  of  the  day,  being  the  reeport  of  the  Spe- 
cial Committee  on  Printing,  introduced  on,  yesterday,  was  taken 
up,  and  the  report  adopted. 

Mr.  Stovall  moved  that  the  President  appoint  two  tellers. 

Mr.  Hauser  moved  the  previous  question; 

Which  was  not  sustained. 

Mr.  Combash  moved  that  the  Secretary,  and  Assistant  Secre- 
taiy,  receive  the  ballots. 

Mr.  Stiles  moved  the  previous  question ; 
Which  was  not  sustained. 

The  following  ordinance,  being  a  further  special  order,  was 
taken  up  on  a  second  reading  and  passed. 

The  rules  were  suspended,  and  the  ordinance  passed  a  third 
and  final  reading,  and  reads  as  follows : 

AN  ORDINANCE  TO  CEDE  TO  THE  UNITED  STATES  THE  JURISDICTION 
OVER  THE  NATIONAL  CEMETERIES  IN  THE  COUNTY  OF  TISHOMIINGO, 
IN  THIS  STATE. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Missis- 
sippi, in  Convention  assembled,  That  the  exclusive  jurisdiction 
over  the  traco  of  land  and  parcel  of  ground  with  the  appurtenan- 
ces thereto  obtained,  purchased,  used,  and  occupied  for  burial 
purposes  by  and  for  the  United  States,  hereinafter  described  with 
the  premises  thereto  attached  for  officers'  and  soldiers'  quar- 
ters, and  for  guards,  is  hereby  ceded  to  the  United  States; 
Provided,  however,  That  the  jurisdiction  thereof  shall  be  retained 
by  the  State  of  Mississippi,  so  far  as  to  punish  offenders 
against  the  law  by  presentment  or  indictment,  and  fine  or  im- 
prisonment as  hereinafter  provided,  "  Union  National  Ceme- 
tery, "  located  in  Corinth,  Tishomingo  county,  Mississippi,  con- 
taining twenty  acres  of  land,  more  or  less. 

Sec.  2.  Be  it  further  ordained,  That  the  exclusive  jurisdic- 
tion over  this  tract  and  parcel  of  land,  with  the  buildings  and 
appurtenances  belonging  to  the  same,  including  the  quarters 
for  officers,  keepers,  guards,  or  soldiers  in  charge  of  the  same, 
and  the  premises  connected  therewith,  now  or  at  any  time 
hereafter  purchased,  used  or  occupied  by  the  United  States, 
their  officers  or  agents  for  a  cemetery  or  burial  place,  located 
as  aforesaid,  is  hereb}''  ceded  to  the  United  States,  and  whenever 
such  premises  shall  be  no  longer  required,  used,  or  occupied  by 
the  United  States,  the  jurisdiction  of  such  abandoned  property 
may  revert  to  the  State  of  Mississippi. 

Sec,  3.  Be  it  further  ordained,  That  property  over  which 
jurisdiction  is  ceded  herein,  shall  be  held  exonerated  and  free 
from  any  taxation  or  assessment  under  the  authority  of  this 
State,  or  of  any  municipality  therein,  until  the  jurisdiction 
shall  have  reverted,  and  the  title  and  possession  to  said  ceme- 
tery, grounds,  buildings,  and  appurtenances,  shall  be  protected 
to  the  United  States,  and  no  process  of  any  court,  shall  be  per- 


563 


mittecl  against  the  same,  or  to  dispossess  the  officers  or  agents 
of  the  United  States  thereof,  without  restricting  any  just  claim 
for  damages  or  value  in  the  form  or  mode  provided  b}^  the 
United  States  for  prosecuting  the  same. 

Sec.  4.  Be  it  further  ordained,  That  any  wilful,  reckless,  or 
voluntary  injury  to  or  mutilation  of  the  graves,  monuments, 
fences,  shrubbery,  ornaments,  walks,  or  buildings  in  said  ceme- 
tery or  burial  place,  or  appurtenances,  shall  subject  the  offender, 
or  offenders,  each,  to  a  fine  of  not  less  than  twenty  dollars,  to 
which  may  be  added,  for  an  aggravated  offense,  imprisonment 
not  exceeding  six  months  in  the  county  jail  or  work-house,  to 
be  prosecuted  before  any  court  of  competent  jurisdiction. 

Sec.  5.  Be  it  further  ordained,  That  this  ordinance  shall 
take  effect,  and  be  in  force  from  and  after  its  passage. 

The  rules  were  suspended  to  enable  Mr.  Hauser  to  introduce 
the  following: 

jResolved,  That  James  Dugan  be  authorized  to  draw  warrants 
to  the  amount  of  six  huadred  dollars  for  public  printing. 
Which  was  adopted. 

Mr.  Ozanne  moved  that  when  the  Convention  adjourns  it  be 
until  Monday  morning,  and  the  rules  be  suspended  accordingly; 
Which  was  lost. 

A  remonstantance  was  presented  from  citizens  of  Holmes 
county  against  a  division  of  the  county,  which  was  referred  to 
the  committee  on  County  Boundaries. 

The  following  communication  was  received  from  the  Sheriff 
of  Lowndes  county : 

Sheriff's  Office,  ) 
Lowndes  County,  Mississippi,  [- 
April  20,  1868. ) 

To  the  Honorable  Board  of  Police  : 

The  undersigned,  Sheriff  and  Tax  Collector  of  the  count}7  oi 
Lowndes,  in  said  State,  respectfully  represents  to  your  hon- 
orable board  that  immediately  after  he  received  the  assessment 
roll  he  proceeded  to  collect  the  State,  county,  and  the  Conven- 
tion taxes,  as  the  law  reuqires;  that  he  has  exerted  himself  to 
the  utmost  of  his  ability  to  collect  said  taxes  within  the  time 
prescribed  by  law,  and  has  collected  a  large  amount  thereof, 
and  has  paid  the  same  to  the  proper  officers  as  required,  but 
he  is  now  convinced  that  it  will  be  impossible  for  him  to 
collect  the  whole  of  said  tax  within  the  time  prescribed  by  law. 

He  therefore  asks  that  your  honorable  body  grant  an  exten- 
sion of  the  time  within  which  to  collect  said  tax,  if  in  your 
power  so  to  do,  and  pass  an  order  requesting  the  General  Com- 
manding this  Department,  and  the  Convention  of  said  State, 
now  sitting  in  Jackson,  to  grant  him  such  further  time  as  may 
be  necessary  to  collect  said  taxes. 

And  your  petitioner  will  ever  pray,  etc. 

James  B.  Bell,  She  iff. 


564 


State  of  Mississippi,  Lowndes  County,) 
Board  of  Police,  Monday,  April  20th,  1868.  ) 

James  B.  Bell,  Sheriff  and  Tax  Collector  of  said  county,  this 
day  presented  to  the  Board  a  petition  representing  that  it  is 
impossible  to  collect  the  State,  county  and  Convention  tax 
within  the  time  prescribed  by  law,  on  account  of  the  limited 
time-in  which  he  is,  under  the  law,  required  to  collect  the  said 
taxes. 

And  said  petition  being  considered  by  the  Board,  and  it 
appearing  that  the  said  Sheriff  and  Tax  Collector  has  used  all 
due  diligence  in  the  discharge  of  his  duty  as  Tax  Collector, 
and  that  in  the  opinion  of  the  Board,  the  allegations  are  true. 

It  is  therefore  ordered,  that  it  is  the  opinion  of  this  Board 
that  the  time  for  the  collection  of  the  taxes  aforesaid  should  be 
extended,  and  that  it  will  be  for  the  benefit  of  the  county  and 
State  that  the  same  be  so  done,  and  it  is  ordered  that  a  copy 
of  said  petition,  and  this  order,  be  forwarded  to  the  General 
Commanding  this  Department,  and  that  a  copy  also  be  forward- 
ed to  the  President  of  the  Convention  of  said  State,  now  sitting 
at  the  city  of  Jackson,  in  said  State. 

The  State  of  Mississippi,) 
Lowndes  County,  ) 

I,  Woodson  H.  Kennon,  Clerk  of  the  Probate  Court,  and  ex 
officio  Clerk  of  the  Board  of  Police  of  said  county,  do  hereby 
certify  that  the  within  is  a  true  and  perfect  copy  of  the  petition 
of  James  B.  Bell,  Sheriff  and  Tax  Collector  of  said  county,  to 
the  Board  of  Police  of  said  county,  together  with  the  order  of 
said  Board  in  relation  thereto  made  at  the  April  term  thereof, 
being  on  Monday,  the  20th  day  of  April,  1868,  as  truly  and. 
completely  as  the  same  appears  of  record  and  on  file  in  my 
office. 

Given  under  my  hand  and  Seal  of  said  Board,  at  my  office, 
in  Columbus,  this  the  22d  clay  of  April,  1868. 

[seal.]  W.  H.  Kennon,  Cleric. 

Mr.  Ozanne  moved  to  reconsider  the  vote  adopting  the  sec- 
tion offered  by  Mr.  Gibbs,  as  an  additional  section  to  General 
Provisions,  on  yesterday. 

Mr.  F.  Parsons  moved  to  table, 

Which  v/as  lost,  by  the  following  vote : 

Yeas — Messrs.  Ballard,  Beam,  Gibbs,  Hauser,  Hutto,  Johnson 
S.,  Lack,  Musgrove,  McKee,  Nil.es,  Parsons  F.,  Railsback, 
Richardson,  and  Toy — 14. 

Nays — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Bridges, 
Brinson,  Caldwell,  Clarke,  Combash,  Cunningham,  Dowel, 
Drane,  Field,  Herbert,  Holland,  Jacobs,  Johnson  A.,  Leas, 
Leonard,  Mayson,  Moore,  Morgan,  Myers,  Newsom,  Ozanne, 
Parsons  J.  R.,  Powell,  Stewart,  Stovall,  Stringer,  Warren,  Weir- 
Williams,  and  Woodmansee— 36, 


565 


Mr.  Morgan  moved  that  the  rules  be  suspended  so  that  the 
Convention  adjourn  to  meet  Monday  morning  at  9  o'clock; 
Which  was  carried. 

Leave  of  absence  was  granted  to  Mr.  Brinson  for  one  day. 
The  Convention  adjournned  to  meet  Monday  morning  at  9 

o'clock. 

T.  P.  Sears, 

Secretary, 


NINETY-SIXTH  DAY. 

Jackson,  Miss.,  Monday,  April  27th,  1868. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke.,  Combash,  Dowd,  Drane,  Fawn,  Field,  Fitzhugh,  Gibbs, 
Handy,  Hauser,  Herbert,  Holland,  Hutto,  Jacobs,  Jamison, 
Johnson  Johnson  A.,  Lack,  Lawson,  Leas,  Leonard,  Maj'son, 
Musgrove,  Moore,  Morgan,  Myers,  Mygatt,  McKee,  McKnight, 
Newsom,  Niles,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Powell, 
Railsback,  Richardson,  Stewart,  Stites,  Stovall,  Stringer,  Stiles, 
To}T,  Warren,  Weir,  Williams,  Woodmansee,  and  Y'eoman — 61. 

The  following  delegates  were  absent: 

Messrs.  Brinson,  Collins,  Conley,  Cunningham,  Elliott  James, 
Howe,  Jones,  Kerr,  Mask,  Miles,  Neilson,  Nelins,  Peyton  E.  A., 
Peyton  E.  G.,  Quinn,  Raine}T,  Smith,  and  Walker — 19. 

Journal  of  Saturday  read  and  approved. 

Leaves  of  absence  were  granted,  to  Mr.  Drane  for  one  day; 
to  Mr.  Combash  for  one  day;  to  Mr.  Leonard  for  one  day;  to 
Mr.  Caldwell  for  one  day. 

The  committee  on  General  Provisions  submitted  the  following 
report : 

Mr.  President — The  committee  on  General  Provisions,  to 
whom  was  referred  a  resolution  authorizing  the  Legislature  to 
provide  by  law  that  every  citizen  householder  being  a  head  of 
a  family,  and  resident  of  this  State,  may  hold  a  certain  amount 
of  property  exempt  from  seizure  under  any  execution,  attach- 
ment, or  other  final  process,  have  considered  the  same,  and  beg 
leave  to  report  the  following  section,  and  recommend  that  it  be 
adopted : 

Section  — .  That  the  Legislature  shall  provide  by  law  that 
■-every  citizen  householder,  being  a  resident  of  this  State,  may 


566 


hold  exempt  from  seizure  under  airy  execution,  attachment  or 
any  other  final  process  of  any  court  of  this  State,  a  homestead 
and  necessary  household  goods,  furniture,  and  farming  stock 
and  utensils,  the  total  value  whereof  not  to  exceed  one  thou- 
sand dollars, 

E.  J.  Castello,  Chairman. 

Chas.  W.  Clarke, 

D.  Stites, 

J.  K.  Parsons, 

Committee. 

Eeport  received,  and  under  the  rules,  lies  over. 
The  committee  on  Enrollment  submitted  the  following  report : 
Mr.  President — The  committee  on  Enrollment  have  exam- 
ined an  ordinance  for  the  relief  of  Joshua  S.  Morris,  of  Clai- 
borne count)',  and  others,  and  have  instructed  me  to  report 
that  they  have  found  the  same  correctly  enrolled. 

James  Weir, 

Chairman. 

The  Convention  Treasurer  submitted  the  following  report: 
To  the  Hon.  President  and  Members  Constitutional  Convention  : 

Gentlemen — I  have  the  honor  to  submit  the  accompanying 
statement  of  moneys  recieved  by  me  as  Convention  Treasurer 
from  the  several  Collectors  appointed  by  this  Convention. 

Some  of  this  money  was  collected  from  persons  by  the  Col- 
lectors who  have  little  or  no  tax  to  pay  under  the  present  tax 
ordinance.  I  would,  therefore,  recommend  to  your  honorable 
body  that  the  Sheriffs  of  the  counties  where  said  tax  was  col- 
lected be  directed  to  redeem  the  receipts  given  by  said  Col- 
lectors to  take  said  receipts  in  payment  of  taxes  from  those 
who  have  taxes  to  pay  under  the  present  ordinance,  and  from 
those  who  have  taxes  to  pay,  take  up  the  receipts  given 
and  pay  the  holder  of  the  same  the  money  and  make  proper 
returns  to  the  State  Treasurer. 

I  have  the  honor  to  submit  a  communication  herewith  from 
W.  L.  Jarvis,  Collector  of  the  county  of  Warren,  upon  this 
subject. 

Fred.  Parsons, 

Treasurer  of  Convention. 

Statement  of  Meeeipts  and  Disbursements  during  the  operation 
of  the  Tax  Ordinance  passed  by  the  Convention),  January  17, 
1868: 

Received  from  W.  L.  Jarvis,  Collector  of  the  countjr  of  War- 
ren, as  per  statement  rendered,  in  Convention  Warrants,  $69  25. 


Received  from  L.  B.  F.  Vick,  Collector  of  the  county  of 

Oktibbeha,  cash   .  $101  50' 


567 


DISBURSEMENTS. 


Redeemed  Warrant  No.  872  $25  00 

Redeemed  Warrant  No.  949   25  00 

Redeemed  Warrant  No.  1028   30  00 

Redeemed  Warrant  No.  1269   16  60 


Total  Disbursements  $96  60—$  96  60 


Cash  remaining   $    4  9G 


I  would  respectfully  ask  to  be  directed  to  deposit  the  war- 
rants received  by  me  and  canceled,  and  the  statements  ren- 
dered b}^  the  above  named  Collectors  with  the  State  Auditor 
and  to  pay  over  to  the  State  Treasurer  the  sum  of  $4  90— 
being  the  amount  remaining  in  my  hands.  I  would  further  ask 
that  my  official  bond  be  canceled. 

Amount  of  Taoies  collected  in  the  counties  of  Warren  and 
Oktibbeha,  with  the  names  of  persons  paying  the  same,  and 
amount  each  one  paid: 

COUNTY    OF   WARREN  W.   L.   JARVIS,  COLLECTOR. 


E.  L.  Hall,  Saloon   $50  00 

Irvin  Shaffer,  grocery  store  . . .  ■   4  50 

H.  E.  O'Riley,  Claim"  Agent   10  00 

Perry  Thomas,  grocery  store   2  25 

Mrs.  Barnes,  grocery  store   2  50 


COUNTY  OF  OKTIBBEHA  L.   B.   F.   VICK,  COLLECTOR, 


W.  A.  Cannon   $5  00 

J.  B.  McCreight   5  00 

Hogan  &  Ames   54  00 

J.  J.  Yates   10  00 

A.  Strauss    , .  5  00 

L.  Lichtenstein  &  Co   4  25 

J.  Bellington  &  Son.  .  „   4  50 

Saunders  <fc  Ramsey   6  25 

W.  H.  Chilcls  ■.   2  50 

H.  W.  Owen   5  00 

W.  T.  Morgan   8  75 


Vicksburg,  Miss.,  April  12th,  -1868. 

Mr.  Fred.  Parsons,  Treasurer  of  Constitutional  Convention. 
Jackson,  Miss.  : 

Dear  Sir— On  or  about  the  28th  day  of  January,  1868,  I 
was  appointed  Tax  Collector  for  the  county  of  Warren  and 
State  of  Mississippi. 

On  receipt  of  an  official  copy  of  my  appointment,  I  filed  the 


568 


required  oath  before  Captain  Speed,  Circuit  Clerk  of  aforesaid 
county,  posted  the  required  notices,  and  on  the  5th  of  February 
I  proceeded  to  collect  said  tax  without  delay,  as  your  honor- 
able body  desired  to  know  immediately  if  General  Gillem 
would  enforce  said  ordinance  passed  on  or  about  the  21st  of 
January,  1868. 

I  was  subject  to  orders  from  }rour  honorable  body  from  the 
48th  of  January,  1868,  until  the  24th  of  February,  same  year. 
During  that  period  I  expended  some  money,  and  paid  my 
whole  attention  to  the  collection  of  said  tax,  until  I  received 
official  notice  that  my  services  as  Tax  Collector  would 
cease. 

The  amount  of  money  collected  in  the  county  was  $69  25, 
which  I  have  turned  over  to  Mr.  F.  Parsons,  Treasurer  of  said 
Convention,  with  the  names  ot  the  persons  who  paid  such 
tax. 

Under  an  ordinance  passed  since  my  services  ceased  as  Col- 
lector, some  of  the  said  parties  are  not  subject  to  said  tax,  and 
I  do  sincerely  wish  that  the  members  of  the  Convention  will 
take  immediate  action  on  this  subject  referred  to  here,  and  re- 
lieve me  from  laboring  under  such  embarrassing  circumstances 
as  I  am  compelled  to,  under  an  ordinance  passed  since  the  time 
referred  to,  by  refunding  moneys  which  I  have  not  in  my  pos- 
session, and  have  not  had  since  the  time  expired  for  it  to  be 
turned  over  to  the  Treasurer  of  said  Convention. 

I  am,  gentlemen, 

Yours  truly,  as  ever, 

William  L.  Jarvis, 
Ex-Tax  Collector, 

Report  received. 

The  resolution  of  Mr.  Field  lying  over  from  Saturday,  was 
taken  up. 

Mr.  Parsons  moved  to  refer  to  the  committee  on  County 
Boundaries; 

Which  was  carried. 

Mr,  Hauser  moved  to  suspend  the  rules  to  take  up  the  regu- 
lar business  of  the  Convention,  being  the  motion  of  Mr. 
Ozanne  to  reconsider  the  action  adopting  the  section  of  Gen- 
eral Provisions  relating  to  Franchise,  introduced  by  Mr.  Gibbs. 

Mr.  Alderson  moved  to  postpone  further  consideration  of  the 
subject  until  to-morrow  at  10  o'clock. 

Mr.  Hauser  moved  to  table ; 

Which  was  lost. 

And  the  motion  to  postpone  was  carried. 

Mr.  Hauser  moved  that  the  Convention  do  now  proceed  t© 
elect  a  Printer  to  print  the  Journal  and  the  Constitution  in 
book  and  pamphlet  form. 

Mr.  Beam  moved  that  the  question  be  divided,  and  that  the 
Convention  proceed  to  elect  a  Printer  to  print  the  Journal  \ 

Which  was  carried. 

Messrs,  Fawn  and  Stiles  were  appointed  tellers* 


569 


The  vote  awarding  the  printing  of  the  Journal  of  the  Con- 
vention in  book  form,  was  as  follows : 


E.  Stafford  received  32  votes. 

Jas.  Dugan  received  13  votes. 

Vicksburg  Republican  received   6  votes, 

J.  R.  Smith  received   1  vote. 


E.  Stafford  having  received  a  majority  of  all  the  votes  cast, 
was  declared  elected. 

The  Convention  then  proceeded  to  select  a  Printer  to  print 
the  Constitution  in  pamphlet  form,  with  the  following  result: 

E.  Stafford  received  17  votes. 

Jas.  Dugan  received  29  votes. 

Mr.  Speed  received   7  votes . 

James  Dugan  having  received  a  majority  of  all  the  votes  cast, 
was  declared  elected. 

The  following  section  was  presented  by  the  committee  on 
Internal  Improvements,  to  be  incorporated  in  the  Constitution: 

Section.  — .  There  shall  be  a  Commisioner  of  Immigration 
and  Agriculture  elected  at  the  same  time  and  place  that  other 
State  officers  are  elected,  and  who  shall  hold  his  office  for  the 
term  of  four  years  unless  sooner  removed  by  law. 

No  action  had  thereon,  and  the  subject  lies  over. 

The  resolution  submitted  by  Mr.  McKee,  relative  to  relief, 
was  taken  up.  and  reads  as  follows : 

Resolved^  That  the  next  Legislature  shall  have  power  to  repeal 
statutes  of  limitation,  pass  relief,  stay,  injunction,  insolvent, 
and  homestead  laws,  and  to  pass  any  and  every  act  deemed 
necessary  for  the  relief  of  debtors,  subject  only  to  the  restric- 
tions imposed  by  the  Constitution  of  the  United  States. 

The  question  was  upon  the  motion  of  Mr.  Herbert  to  indefi- 
nitely postpone  the  amendment  and  the  amendment  thereto. 

Mr.  Weir  called  for  a  division  of  the  question; 

Which  the  Convention  refused. 

The  rules  were  suspended,  to  permit  Mr.  Stovall  to  introduce 
the  following  resolution : 

Resolved.  That  this  Convention  tender  its  thanks  to  the  dele- 
gate of  Oktibbeha  county.  Capt.  James  Weir,  for  his  able  and 
learned  address  in  behalf  of  relief  for  the  people  of  the  State 
of  Mississippi. 

Resolved,  further.  That  said  address  be  printed,  and  five 
hundred  copies  delivered  to  the  Convention,  for  the  benefit  or 
the  Republican  party,  as  a  campaign  document, 

Mr.  Castello.  of  Adams,  moved  to  amend,  as  follows : 
That  the  able  and  comprehensive  speech  made  by  the  mem- 
ber from  Oktibbeha,  be  published  for  one  month,  in  the  Ticks- 
burg  Republican,  Meridian  Chronicle,  .Eississippi  Stats  Jour- 
Mai  and  the  Mississippi  Pilot,  at  the  expense  of  this  Conven- 
tion, 

Mr.  Gibbs  moved  to  refer  the  resolution  and  amendment 
thereto,  to  the  committee  on  Contingent  Expenses. 
Mr.  Fitzhugh  moved  to  table  the  motion  to  refer; 
Which  was  carried. 


570 


Mr.  Woodmansee  moved  to  table  the  amendment; 
Which  was  lost. 

Mr.  Clarke  moved  to  table  the  resolution  and  amendment.; 

Which  was  carried. 

The  regular  business  was  resumed. 

And  the  consideration  of  the  amendment  and  the  amend- 
ment thereto,  were  indefinitely  postponed. 

Mr.  Alderson  offered  the  following  amendment  to  the  resolu- 
tion of  Mr.  McKee : 

Amend,  by  striking  out  all  after  the  word  "  to,"  in  second 
line,  down  to  the  word  "  pass,"  in  the  fifth  line,  and  at  the  end 
of  the  tenth  line,  add  the  words  "  and  the  State  of  Mississip- 
pi," so  as  to  read  thus : 

The  next  Legislature  shall  have  power  to  pass  any  and  every 
Act  deemed  necessaiy  for  the  relief  of  debtors,  subject  only  to 
the  restrictions  imposed  by  the  Constitution  of  the  United 
States,  and  of  the  State  of  Mississippi. 

Mr.  Gibbs  moved  the  previous  question, 

Which  was  sustained; 

And  the  amendment  was  lost. 

And  the  resolution  of  Mr.  McKee  was  adopted,  and  reads  as 
follows : 

Hesolved,  That  the  next  Legislature  shall  have  power  to  re- 
peal statutes  of  limitation,  pass  relief,  stay  injunction,  insol- 
vent, and  homestead  laws,  and  to  pass  any  and  every  Act 
deemed  necessary  for  the  relief  of  debtors,  subject  only  to  the 
restrictions  imposed  by  the  Constitution  of  the  United  States. 

Mr.  Hauser  moved  to  refer  to  the  committee  on  Form  and 
Arrangement,  with  instructions  to  incorporate  the  resolution  as 
an  article  in  the  Constitution. 

Mr.  Stiles  moved  to  reconsider  the  vote  adopting  the  resolu- 
tion. 

Mr.  Gibbs  moved  to  lay  on  the  table ; 

Which  was  carried. 

And  the  motion  to  refer  was  carried. 

Mr.  Alcorn  moved  to  suspend  the  rules,  to  permit  him  to  sub- 
mit the  following  communication ; 
Which  was  carried: 

Jackson,  Miss.,  April  24th,  1868. 

To  the  President  and  Members  of  Constitutional  Convention: 

Gentlemen — On  the  16th  instant,  some  of  my  friends  pre- 
sented a  paper  to  this  Convention,  tendering  their  resignations 
as  members  thereof,  and  during  my  absence,  and  without  au- 
thority from  me,  my  name  was  also  presented,  as  being  desirous 
to  resign.  As  I  ignore  the  right  of  any  unauthorized  person  to 
act  for  me,  I  desire  that  all  proceedings  in  regard  to  my  having 
tendered  my  resignation  as  delegate,  be  considered  by  this  Con- 
vention, as  null  and  void. 

Veiy  respectfully, 

W.  D.  Nesbitt. 

The  communication  was  received. 


571 


Mr.  Chappell  moved  the  adoption  of  the  same. 
Mr.  Field  moved  to  amend  as  follows : 

That  Mr.  Nesbitt  has  not  lost  his  seat  by  the  action  on  his 
resignation,  his  name  having  been  signed  without  his  consent. 

Mr.  G-ibbs  moved  to  lay  the  motion  and  amendment  »on  the 
table ; 

Which  was  carried. 

Mr.  Morgan  moved  to  indefinitely  postpone  the  farther  con- 
sideration of  the  matter 

Mr.  Fitzhugh  moved  to  table; 
Which  was  lost. 

Pending  further  consideration,  Convention  adjourned  until 
3  o'clock,  p.  m. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called^  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alcorn,  Barry,  Beam,  Bonne}',  Bridges, 
Castello,  Clarke,  Combash,  Dowd,  Elliott  John,  Field,  Gibbs, 
Hand}',  Hauser,  Herbert,  Hutto,  Holland,  Jacobs,  Jamison, 
Johnson  S.,  Johnson  A.,  Leas,  Musgrove,  Moore,  Morgan, 
Myers,  Mygatt,  McKee,  McKnight,  Niles,  Ozanne,  Parsons  F., 
Powell,  Railsback,  Richardson,  Smith,  Stewart,  Stites,  Stringer, 
Toy,  Warren,  Williams,  Woodmansee,  and  Yeoman — 45. 

The  following  delegates  were  absent: 

Messrs.  Alderson,  Ballard,  Brinson,  Caldwell,  Chapman, 
Chappell,  Collins,  Conley,  Cunningham,  Drane,  Elliott  James, 
Fawn,  Fitzhugh,  Howe,  Jones,  Kerr,  Lack,  Lawson,  Leonard, 
Mayson,  Mask,  Miles,  Neilson,  Nelms,  Newsom,  Orr,  Parsons 
J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Quinn,  Rainey,  Stovall, 
Stiles,  Walker,  and  Weir — 35. 

Leave  of  absence  was  granted  to  Mr.  Newsom  for  this  after- 
noon. 

The  motion  of  Mr.  Morgan  to  postpone  the  further  consider- 
ation of  the  communication  of  Mr.  Nesbitt,  of  DeSoto,  pend- 
ing on  adjournment,  was  carried. 

The  majority  report  of  the  Committee  on  Relief,  submitted 
by  Mr.  Field,  was  taken  up  for  consideration. 

Mr.  Morgan  moved  to  indefinitely  postpone. 

Mr.  Gibbs  moved  the  previous  question, 

Which  was  sustained; 

And  the  motion  of  Mr.  Morgan  was  carried,  hy  the  follow- 
ing vote : 

Yeas — Messrs..  Ballard,  Bonne}T,  Crstello,  Clarke,  Gibbs, 
Handy,  Herbert,  Jacobs,  Johnson  S.,  Johnson  A.,  Morgan, 
Myers,  McKee,  Niles,  Ozanne,  Parsons  F.,  Stewart,  Stiles,  T03-, 
Warren,  Williams,  and  Woodmansee — 22. 

Nays — Messrs.  Alcorn,  Barry,  Beam,  Bridges,  Dowd,  Drane, 
Field,  Holland,  Hutto,  Jamison,  Leas,  Moore,  Mygatt,  Mc- 
Knight, Powell,  Railsback,  Richardson,  Smith,  Yeoman — 19. 


572 


The  Convention  took  up  for  consideration  the  ordinance 
offered  by  Mr.  Barry,  on  the  24th  instant,  in  relation  to  es- 
cheats, etc. 

Mr.  Barry  moved  to  pass  to  a  second  reading. 
Mr.  Field  moved  to  lay  the  motion  on  the  table; 
Which  was  lost. 

Mr.  Field  moved  to  indefinitely  postpone. 

Mr.  Clark  moved  to  la}r  the  motion  on  the  table, 

Which  was  carried; 

And  the  motion  of  Mr.  Barry  was  carried. 

Mr.  Barry  moved  to  suspend  the  rules,  to  put  the  ordinance 
on  its  second  reading. 

A  motion  to  la}^  on  the  table  was  lost; 

And  the  motion  to  suspend  the  rules  was  carried. 

And  the  ordinance  was  read  the  second  time,  and  the  fur- 
ther consideration  of  the  same  postponed  until  3  o'clock  to- 
morrow. 

Mr.  Field  moved  to  suspend  the  rules  to  enable  him  to  intro- 
duce an  ordinance; 
Which  was  lost. 

The  report  of  the  committee  on  Internal  Improvements^  was 
read  the  first  time  and  passed. 

Mr.  Parsons,  of  Adams,  offered  the  following  amendment: 

Strike  out  all  after  the  word  "  agriculture,"  in  the  3d  line 
to  the  word  "who"  in  the  5th  line,  and  insert  the  words, 
"  appointed  by  the  Governor,  by  and  with  the  advice  and  con- 
sent of  the  Senate." 

Mr.  Hauser  move  to  lay  on  the  table; 

^Vhich  was  lost. 

Mr.  Stiles  moved  to  suspend  the  rules,  to  enable  him  to  offer 
a  resolution; 
Which  was  lost. 

And  the  amendment  of  Mr.  Parsons  was  adopted. 
Mr.  Woodmansee  moved  to  indefinitely  postpone. 
A  motion  to  lay  on  the  table  was  lost. 
Mr.  Alcorn  moved  to  adjourn; 
Which  was  lost. 

Pending  further  consideration  of  the  same,  the  Convention 
adjourned  to  meet  to-morrow  morning  at  9  o'clock. 

T.  P.  Sears, 

Secretary. 


NINETY-SEVENTH  DAY. 

Jackson,  Miss..,  Tuesday  April  28th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 


573 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barm 
Beam.  Bonnev,  Bridges.  Caldwell,  Castello.  Chapman,  ChappeiL 
Clarke,  Combash,  Cunningham,  Dowd,  Drane.  Elliott  John, 
Field,  Fitzhngh,  Gibbs,  Hand}",  Hauser,  Herbert,  Holland, 
Howe,  Hutto,  Jacobs,  Jamison,  Johnson  S.,  Johnson  A., 
Lack.  Lawson,  Leas,  Leonard.  Mayson,  Mask.  Musgrove, 
Moore,  Morgan.  Myers,  Mygatt.  McKee,  McKnight.  Newsom, 
Niies,  Ozanne,  Parsons  F.,  Parsons  J.  E.,  Powell,  Railsback. 
Ricliardson,  Smith.  Stewart,  Stites.  Stovall.  Stringer.  Stiles, 
Toy,  Warren.  Weir.  Williams,  Woodmansee.  and  Yeo- 
man- 64. 

The  following  delegates  were  absent: 

Messrs,  Brinson,  Collins,  Conley,  Elliott  James.  Fawn.  Jones5 
Kerr,  Miles,  Xeilson,  Nelnis,  Peyton  E.  A.,  Peyton  E.  G., 
Quinn.  Rainey.  and  Walker— 15. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted  to  Mr.  Kerr  from  day  to  day; 
and  to  Mr.  Quinn  for  two  days. 

The  Select  Committe,  appointed  to  investigate  the  claim  of 
C.  T.  Lawson,  made  the  following  report : 

Mr.  President — Your  committee,  to  whom  was  referred  the 
memorial  of  one  C.  T.  Lawson,  concerning  claims  for  acting  as 
clerk  of  the  Committee  on  County  Boundaries,  would  respect- 
fully report,  that  after  a  careful  and  just  investigation,  they 
cannot  report  in  favor  of  said  claim. 

The  said  Lawson  received  forty  dollars  for  the  labor  per- 
formed by  him,  from  the  chairman  of  the  committee  on  County 
Boundaries,  who  stated  that  it  was  liberal  pay  for  the  labor 
performed,  and  could  not  certify  before  your  committee,  that 
Mr.  Lawson  was  ever  appointed  a  regular  clerk  of  said,  or  any 
other  committee:  but  did  perform  some  labor  for  several  com- 
mittees, and  received  full  pay  for  the  performance  of  all  work 
done  by  him. 

In  view  of  the  facts  herein  mentioned,  voir:  committee  can- 
not recommend  the  allowance  of  said  claim. 

Respectfully, 

U.  Ozaxxe.  Chairman. 
W.  H  Gibes. 
J.  Railsback, 

Report  received.  Committee. 
The  committee  on  Contingent  Expenses,  male  the  following 
report : 

Mr.  President: — The  committee  on  Contingent  Expenses,  to 
whom  was  referred  the  annexed  bills,  would  respectfully  report 
that  after  a  full  investigation,  they  believe  said  bills  to  be  just 
and  correct,  and  would  recommend  they  be  allowed. 

Respectfully, 

U.  OZAXXE. 

Chairman. 
W.  H.  Gibbs, 
J,  Railsback. 

Committee, 


574 


The  rules  were  suspended,  and  report  received. 
Bills  allowed,  and  warrants  ordered  to  be  issued  in  payment 
therefor. 

Bill  No.  1,  as  allowed,  amounts  to  $28  00,  and  is  in  payment 
of  expenses  incurred  by  G.  C.  McKee,  in  visiting  Vicksburg,  on 
four  occasions,  on  business  for  the  Convention. 

Bill  No.  2,  as  allowed,  amounts  to  $53  00,  and  is  in  payment 
of  expenses  incurred  by  A.  W.  Patterson,  in  attending  to  busi- 
ness in  Carroll  county. 

Bill  No.  3,  amounts  to  $35  75,  and  is  for  fuel  furnished  by 
A.  J.  Herrod. 

Bill  No.  4,  is  for  telegrams  to  the  Speaker  of  the  House  of 
Representatives  of  the  United  States  Congress,  and  paid  by  Mr 
A.  T.  Morgan,  and  amounts  to  $26  00. 

Bill  No.  5,  is  for  telegrams  to  Gen.  A.  C.  Gillem,  upon  busi- 
ness of  this  Convention,  and  postage  paid  upon  documents, 
forwarded  to  him,  by  order  of  the  Convention,  and  amounts  to 


Bill  No.  6,  is  for  stationery,  etc.,  furnished  the  Convention  by 
Eyrich  &  Co.,  of  Jackson,  and  amounts  to  $69  00. 

The  committee  on  the  removal  of  Political  Disabilities  made 
the  following  report: 

Mr.  President  and  Gentlemen  of  the  Convention  : 

The  committee  appointed  to  receive  and  consider  the  names 
of  persons,  in  this  State,  who  desire  to  have  their  political  dis- 
abilities removed,  and  to  report  to  the  Convention  a  list  of  such 
as  might  be  deemed  worthy  of  favorable  consideration,  would 
present  the  following  names,  and  most  respectfully  recommend 
that  they  be  forwarded  to  Congress,  for  its  action  in  the  pre- 
mises : 

IT.  H.  Howard  Leake  county. 

John  A.  Hanson   .Leake  county. 

Wra,  It.  Graves   Leake  county. 

Wm.  J.  Lowe,  Jr   ..............  Leake  county. 

James  H.  Caldwell   .Leake  county. 

C.  Lindsey    Choctaw  count}^ 

H.  Bayes  Choctaw  county. 

Ira  McDowell .  .  , .  .   Choctaw  county. 

Owen  C.  Davis .........................  Choctaw  county. 

Aaron  Smith ........  ..................  Choctaw  county. 

Franklin  Burges  Choctaw  county. 


$2  70. 


John  Simington 
John  Myers. .  .  . 


,Lee  countjr. 
.Lee  county. 
Lee  county. 
Lee  county. 
Lee  county. 
,Lee  county. 
Lee  county. 
Lee  county. 


E.  H.  Wiggull. 
B.  B.  Shannon 


Bailey  Sheppard 
Eli  Phillips.... 


Lock  Hawkins 
H.  R.  Martin. . 


575 


John  Adernhold  Lee  county. 

B.  McManiis  Lee  county. 

James  M.  Wylie  Lee  count}'. 

James  C.  Armstrong   Panola  county, 

G.  H.  Webster  Simpson  county. 

H.  Mask  Tishomingo  comity 

J.  L.  Wofford.  !  Tishomingo  county 

W.  H.  Jones  Tishomingo  count}7 

J.  A.  Conner  Tishomingo  county 

T.  D.  Duncan  Tishomingo  county 

T.  D.  Barefoot  Tishomingo  county 

Austin  Ballard.  Tishomingo  county 

B.  B.  Boone  Tishomingo  county 

E.  W.  Carmack  Tishomingo  county 

A.  B.  Phelps  Tishomingo  county 

E.  C.  Eggleston  Lowndes  county. 

G.  C.  Sullivan  Oktibbeha  county. 

H.  F.  Buchanan  DeSoto  county. 

John  W.  Vance.  DeSoto  county. 

G.  E.  Harris  DeSoto  county. 

E,  C.  Kerr  ,  Hinds  county. 

H.  V.  Barr  •  Hinds  county. 

Joseph  Lemly  Hinds  .county. 

M.  M.  Peyton  Hinds  county. 

Samuel  Donnell  Hinds  county. 

Thomas  A.  Mellon  Hinds  county. 

James  Fairchild  Hinds  county. 

H.  A.  McLeod  Covington  county. 

John  P.  Marshall  Carroll  county. 

B.  T.  Marshall  Carroll  county. 

James  S.  Johnson  Carroll  county. 

George  Stovall .   Carroll  county. 

W.  T.  Townsend  Carroll  county. 

J.  L.  Morphis   Pontotoc  county. 

C.  T.  Bond  Pontotoc  county. 

Isaac  Hudson  Bolivar  county. 

George  Boozer  Leake  county. 

T.  Y.  Brittain  Leake  county. 

James  T.  Mathis  Attala  county. 

Joseph  K.  Coffey  Attala  county. 

E.  H.  Sanders  Attala  county. 

M.  A.  Clarke  Attala  county. 

Wm.  B.  Thomson  Attala  county. 

Ebenezer  M.  Wells  Attala  county. 

James  M.  Miller,  sr  Wilkinson  county. 

Wm.  H.  Noble  Wilkinson  county. 

Chas.  T.  Murphy  Holmes  county. 

J.  L.  Haskins  Holmes  county. 

Erastus  Haskins   Holmes  county. 

E.  B.  Sprole  Holmes  county. 

Wallace  Wilson  Holmes  county. 

W.  A.  West  Holmes  county. 


576 

L.  A.  West  Holmes  county. 

Peter  B.  Cook  Yazoo  county. 

George  Moorman  Madison  county. 

C.  C.  Shackleford  Madison  county, 

E.  B,  McFadden .  .  .  Itawamba  county. 

Joseph  Green  Itawamba  county. 

James  H.  Owen.  !  .  .  .  Scott  count}7. 

L.  L.  Davis  Harrison  count}'. 

F.  N.  Saucier.  ,    Harrison  county. 

Wiley  Emery  Calhoun  county. 

S.  A,  Spencer.  .  Calhoun  county. 

Tillman  Bryant  Calhoun  county. 

C.  E.  Murphree   ...  .Calhoun  county. 

Hiram  G.  Hall  Calhoun  county. 

Joab  Byars  Calhoun  county. 

J.  L.  Atkinson  Chickasaw  county. 

S.  D.  Pinson  Pontotoc  county. 

B.  0.  Moseley.  Chickasaw  eounty. 

T.  R.  Danerley  Monroe  county. 

Gabriel  Buchanan   Monroe  county. 

J.  C.  Elliott.  .  Monroe  county. 

H.  C.  Elliott,  ...  Monroe  county. 

E.  J.  Vasser  Monroe  county. 

J.  L.  Flanekin.  ...   .  .Lowndes  county. 

W.  H.  Cook .  Lowndes  county. 

Arthur  Mangam  Covington  count}7. 

Julius  Allen  Coahoma  county. 

D.  B.  Maynard  Coahoma  county. 

J.  M.  Crisman  Coahoma  county. 

Eobt.  G.  Sharpe  .Coahoma  county. 

George  R.  Alcorn   Coahoma  county. 

Asa  Cobb    Coahoma  county. 

J.  H.  Owens,  jr.  .  .  Tunica  county. 

J.  W.  Stone  .Tunica  county. 

Lewis  M.  Deering.   .  .Tunica  county. 

Oliver  Clarke.   Winston  county. 

Thomas  Houston.   .Winston  county. 

W.  G.  Hudson   Winston  county. 

Orville  M.  Blanton  .-.  .Washington  county, 

T.  G.  Polk ....  Washington  county, 

L.  B.  Valient.   Washington  county, 

Frank  Valient.  .......  .Washington  county, 

John  H.  Nelson .........   .Washington  county, 

T.  W.  Adams  Kemper  county. 

B.  F.  Rush   .Kemper  county. 

John  McRae   .Kemper  county. 

W.  W,  Chisholm.   Kemper  county. 

M.  D.  Crawford  Kemper  county. 

E.  R.  Fowler   Kemper  coudty. 

Moses  G,  Hallford .....  Kemper  county. 

Bolivar  Vaughan ........  ............. .Lowndes  county. 

D,  E.  Robinson ........................  Lowndes  county. 


577 


J,  A.  Orr  

John  H.  Lawrence .  . 
Alexander  Bradford 
Allen  T.  Eiggs ..... 

J.  W.  Boy  kin  

Robert  D.  Palmer.  . 


Lowndes  connty, 
Lowndes  county, 
Bolivar  county, 
DeSoto  county. 
Wayne  county. 
Carroll  county. 


Henry  W.  Warren,  Chairman, 

U.  OzAXXE. 

H.  W.  Barry, 
William  Yeoman, 
Johx  Elliott, 


Committee. 


Mr.  Clarke  moved  to  receive  the  report, 

Mr.  Ozanne  moved  to  amend  by  receiving  the  report,  and 
printing  two  hundred  copies  of  the  same; 
Which  was  laid  on  the  table. 

Mr.  Ozanne  moved  that  the  delegates  be  allowed  five  extra 
copies  of  the  papers  on  to-morrow; 
Which  was  laid  on  the  table. 
Mr.  Hauser  moved  the  previous  question: 
Which  was  sustained. 

And  the  motion  of  Mr.  Clarke  was  carried. 

The  following  is  an  extract  of  the  proclamation  referred  to 
in  the  report  made  by  the  Committee  appointed  by  the  Consti- 
tutional Convention  of  Mississippi,  to  examine  into  the  truth 
of  the  facts  set  forth  in  said  proclamation: 


Whereas,  Communications  have  been  received  at  this  office, 
from  gentlemen  of  high  official  and  social  position  in  different 
portions  of  the  State,  expressing  serious  apprehensions  that 
combinations  and  conspiracies  are  being  formed  among  the 
blacks  to  seize  the  lands  and  establish  farms,  expecting  and 
hoping  that  Congress  will  arrange  a  plan  of  division  and  dis- 
tribution, but  unless  this  is  done  by  January  next,  they  will 
proceed  to  help  themselves,  and  are  determined  to  go  to  war, 
and  are  confident  that  they  will  be  victors  in  any  conflict  with 
the  whiles,  and  furnish  names  of  persons  and  places;  and 

Whereas,  Similar  communications  have  been  received  at 
headquarters  4th  Military  District,  and  referred  to  me  for  my 
action,  and  the  co-operations  of  the  civil  authorities  of  the 
State,  with  the  United  States  military,  in  suppressing  violence 
and  maintaining  order  and  peace; 

Now,  therefore,  I,  Benjamin  G-.  Humphreys,  Governor  of 
Mississippi,  do  issue  this,  my  Proclamation,  admonishing  the 
black  race,  that  if  any  such  hopes  or  expectations  are  enter- 
tained, you  have  been  grossly  deceived,  and  if  any  such  com- 


PROCLAMATIOX. 


Executive  Department,  Jackson,  Miss.,) 
December  9,  1867.  \ 


C— 37 


578 


filiations  or  conspiracies  have  been  formed  to  carry  into  effect 
such  purposes,  by  lawless  violence,  I  now  warn  }^ou  that  yon 
cannot  succeed. 

What  is  not  known  of  your  plans  and  conspiracies  will  be 
discovered  and  anticipated,  and  the  first  outbreak  against  the 
quiet  and  peace  of  society  that  assumes  the  form  of  insurrec- 
tion, will  signalize  the  destruction  of  your  cherished  hopes 
and  the  ruin  of  your  race. 

REPORT  OF  THE  COMMITTEE. 

To  the  President  and  If  embers  of  Constitutional  Convention: 

Your  committee  appointed  to  investigate  the  truth  of  the 
reports  "  from  gentlemen  of  high  official  and  social  positions  in 
different  portions-  of  the  State,  expressing  serious  apprehen- 
sions that  combinations  and  conspiracies  are  being  formed 
among  the  blacks  to  seize  the  lands  and  establish  farms,"  upon 
which  the  proclamation  of  Governor  Humphreys,  of  Decem- 
ber 9th,  1867,  was  founded,  report  as  follows : 

That  they  have  taken  every  means  in  their  power  to  inform 
themselves  upon  the  subject  they  have  been  called  upon  to 
investigate.  They  have  made  diligent  inquiry  of  different  del- 
egates in  this  Convention  coming  from  all  parts  of  the  State, 
and  at  no  place  within  the  limits  of  this  State,  before,  at  the 
time,  or  since  the  issuing  of  said  proclamation,  were  there  any 
indications  of  insubordination,  riot,  insurrection  or  outbreak 
of  any  description  whatever  among  that  class  of  citizens  re- 
ferred to  in  said  proclamation;  but  on  the  contrary  a  peaceable 
and  orderly  disposition  worthy  of  the  highest  admiration, 
has  marked  their  conduct  under  the  most  trying  circum- 
stances, even  where  cruel  wrongs  have  been  wickedly  in- 
flicted upon  them.  They  have  also  made  inquiry  of  many 
citizens  of  the  State  not  connected  with  this  Convention, 
touching  the  charges  above  referred  to,  and  everywhere  they 
find  the  colored  man  true  and  loyal  to  the  country. 

They  would  further  state  that  they  have  corresponded  with 
his  Excellency  Governor  Humpheys,  on  this  subject,  request- 
ing him  to  furnish  them  with  any  information  in  his  possession 
that  led  to  the  issuing  of  said  pioclamation,  and  in  his  reply, 
marked  (A),  and  made  a  part  of  this  report,  he  respectfully 
states  that  said  proclamation  "was  issued  at  the  urgent  request 
of  Gen.  Ord,  Commander  of  the  Fourth  Militaiy  District,  and 
all  the  information,  etc.,  was  received  from  and  through  him, 
except  a  few  letters  received  from  prominent  citizens,  which 
were  referred  to  him  Gen.  Ord,  and  are  now  presumed  to  be 
in  his  possession,"  and  not  under  the  control  of  the  said  Hum- 
phreys, and  which  he  does  not  feel  authorized  to  make  public, 
unless  the  approbation  of  Gen.  Ord  shall  first  be  had,  when  he 
would  "  cheerfully  comply  with  his  instructions." 

That  they  might  leave  nothing  undone  to  discover  where 
the  truth  lay  in  this  matter,  they  wrote  to  Maj.  Gen.  Ord,  late 


579 

Commander  of  this  District,  to  learn  what  inducement  moved 
him  to  confer  with  Governor  Humphreys,  and  urge  upon  him 
the  issuing  of  said  proclamation,  and  also  to  place  in  their  pos- 
session whatever  documents,  letters,  etc.,  he  had  in  reference  to 
said  contemplated  insurrection,  and  were  informed  by  letter 
from  him  that  he  had  "  turned  over,  with  the  command  of  the 
Fourth  Military  District,  all  the  communications  referred  to,v 
which  letter  is  marked  B,  and  made  a  part  of  this  report. 

Your  committee  then  addressed  a  letter  to  Maj.  Gen.  Gillem, 
the  present  Commander  of  this  District,  to  know  if  he  would 
hand  over  to  them  the  communications  referred  to,  and  received 
a  letter  from  him  in  which  he  declines,  for  reasons  therein 
stated,  to  communicate  the  desired  information,  which  letter  is 
marked  C,  and  made  a  part  of  this  report. 

In  conclusion,  3-0111*  committee  would  beg  leave  to  state  that 
the  alleged  causes  for  issuing  said  proclamation  were  so  utterly 
without  foundation  that  they  are  at  a  loss  to  find  an}'  reasona- 
ble excuse  for  so  doing,  and  that  the  fears  and  "  serious  appre- 
hensions that  combinations  and  conspiracies  are  being  formed 
among  the  blacks  to  seize  the  lands  and  establish  farms,"  had 
their  origin  in  the  brains  of  evil  disposed  "  gentlemen  of  high 
official  and  social  positions"  in  different  portions  of  the  State, 
and  no  where  else. 

They  would  further  state  that  Governor  Humphreys  was 
greatly  misled  by  these  false  representations  and  wicked  reports 
in  issuing  said  proclamation,  and  that  they  condemn  the  act  as 
wholly  unjustifiable,  causing  needless  alarm  to  one  class  of  the 
citizens  of  the  State,  and  producing  an  unjust  suspicion  and 
prejudice  against  the  other. 

Your  committee  having  pursued  the  investigation  of  this 
serious  charge  to  the  fullest  extent  in  their  power,  and  finding 
no  just  cause,  or  reasonable  excuse  for  issuing  said  proclama- 
tion, are  compelled  to  close  their  labors,  and  ask  that  this,  their 
report,  be  received,  and  that  they  be  discharged  from  further 
investigation  into  this  matter. 

A.  Alder sox, 

Chairman. 
W.  H.  Gibbs, 
Hexry  Mays  ox, 
J.  Hauser, 
J.  Aarox  Moore, 
H.  P.  Jacobs, 

Committee. 

[A.] 

Executive  Departmext,  State  op  Mississippi,) 
Jacksox,  January  18th,  1868.  j 

Sir:  Your  note  of  the  17th  inst.  informing  me  of  the  ap- 
pointment of  a  committee  by  the  Convention  "  to  investigate 
the  truth  of  the  rumors  of  combinations  of  evil  disposed 
persons  in  this  State  to  seize  lands,  etc.,  coming  from  persons 


580 


of  liigh  social  and  official  position,  upon  which  my  (your) 
Proclamation  of  Dec.  9th,  1867,  was  founded,"  and  respectfully 
requesting  me  to  furnish  (us)  the  "  committee  with  whatever  I 
(you)  may  be  in  possession  of  touching  the  subject  of  said 
Proclamation  and  the  names  of  the  persons  supplying  me  (you) 
with  the  information  above  referred  to,"  was  handed  to  me 
late  yesterday  evening  by  the  Assistant  Sergeant-at-Arms  of 
the  Convention. 

I  presume  you  do  not  expect  me  to  admit  that  the  Conven- 
tion now  in  session  in  this  city  by  virtue  of-  the  military  bills 
passed  by  Congress,  has  any  constitutional  right  to  require  me 
to  account  to  it  for  any  administration  of  the  civil  government 
of  the  State  of  Mississippi.  T5  however,  acknowledge  the  con- 
stitutional right  of  all  or  any  portion  of  the  citizens  of  the 
State,  in  a  peaceable  manner,  to  assemble  together  for  their 
common  good,  and  apply  to  those  vested  with  the  powers  of 
government  for  redress  of  grievances,  or  other  proper  purposes, 
by  petition,  address,  or  remonstrance,  and  the  correlative 
duty  of  all  civil  officers  to  furnish  them  all  the  information  in 
their  possession  that  pertains  to  their  welfare  and  happiness, 
when  respectfully  requested  so  to  do.  I  have  no  secrets  1 
desire  to  withhold  from  any  class  of  our  people,  white  or  black. 
My  Proclamation  of  the  9th  of  Dec,  1867,  was  issued  at  the 
urgent  request  of  General  Ord,  Commander  of  the  Fourth 
Military  District,  and  all  the  information  I  have  on  the  subject 
you  desire  to  investigate  was  received  from  and  through  him, 
except  a  few  letters  received  from  prominent  citizens,  which  1 
referred  to  him,  as  soon  as  received,  and  which,  I  presume,  are 
now  in  his  possession.  For  obvious  reasons  then5 1  must  refer 
the  committee  to  him,  and  if  in  his  judgment  a  revelation  of- 
the  sources  of  information  will  not  be  an  act  of  bad  faith  to 
the  informers,  white  and  black,  and  prejudicial  to  the  public 
service,  and  will  authorize  a  publication  of  all  communications, 
public  and  private,  I  will  cheerfully  comply  with  his  instruc- 
tions on  tin  t  subject. 

Very  respectfully, 

Benj.  G.  Humphreys, 

Governor  of  Mississippi, 
To  A.  Alderson,  Chairman  of  Committee. 

[B.] 

Head  Quarters,  4th  Military  DisTRiCTj 
Mississippi  and  Arkansas,  >* 
Vicksburg,  Miss.,  March  17,  1868.) 

Hon.  A>  Alderson,    Chairman  of  Committee,  Constitutional 
Convention  for  the  State  of  Mississippi: 

Sir— 1  am  directed  by  the  General  Commanding  to  acknowl- 
edge the  receipt  of  your  communication  of  the  twenty-fourth 
ultimo,  asking  to  be  -furnished  with  any  information  in  his 
possession  upon  which  the  Proclamation  of  His  Excellency 


581 


the  Governor,  referred  to  by  you,  was  based,  and  in  reply  there- 
to, to  inform  you,  that  the  General  Commanding  upon  due  con- 
sideration of  the  character  of  the  reports  made  to  his  prede- 
cessor, General  Ord,  upon  which  the  action  was  taken,  find- 
ing that  they  partake  of  a  confidential  nature;  also,  with  the 
regard  to  the  considerable  evils,  and  little  good  that  would 
seem  to  result  from  their  publication,  he  decides  that  it  would 
be  incompatible  with  his  duty  to  comply  with  your  request. 

At  the  same  time  the  General  Commanding  desires  to  inform 
you  that  he  never  shared  in  the  belief  that  insurrection  was 
meditated  by  any  class  of  the  inhabitants  of  this  State. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

John  Tyler, 
IstLt.  4:3d  Inf.  BrvH  Maj.  U.  S.  A.,  A.  A.  A.  G, 

[C] 

Holly  Springs,  Miss.,  ) 
February  14,  1868.  j 

To  A.  Alder  son,  Chairman  of  Committee,  Mississippi  Constitu- 
tional Convention  : 

Sir — I  am  in  receipt  of  a  letter  from  General  A.  C.  Gillem, 
headquarters,  transmitting  one  from  you,  asking  all  the  in- 
formation I  possess,  touching  the  facts,  that  occasioned  the 
issuing  of  that  proclamation  (referring  to  a  recent  proclama- 
tion of  the  Governor  of  Mississippi  upon  the  subject  of  illegal 
combinations,  etc.)  As  far  as  consistent  with  my  obligations 
to  those  from  whom  the  communications  were  received.  As 
I  have  turned  over  with  the  command  of  the  Fourth  Military 
District  all  the  communications  referred  to,  not  even  retaining 
copies,  I  have  no  means  of  furnishing  you  with  the  desired 
information. 

I  am,  sir,  respectfully,  3Tour  obedient  servant, 

E.  0.  C.  Ord, 
Br.  and  Brv't  Maj.  Gen. 

Report  received,  and  committee  discharged 

The  rules  were  suspended  to  permit  the  introduction  of  the 
following  resolution,  offered  by  Mr.  Hauser: 

Resolved,  That  from  and  after  the  passage  of  this  resolution, 
the  time  allowed  to  each  member  to  speak  on  any  subject  be 
five  minutes;  Provided,  That  the  time  may  be  extended  by  a 
unanimous  vote  of  this  Convention. 

Mr.  Newsom  moved  to  lay  on  the  table; 

Which  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Combash,  Handy,  Herbert,  Morgan, 
McKee,  Newsom,  Orr,  Stites,  Stiles,  Toy,  and  Yeoman — 12. 

Nays — Messrs.  Ballard,  Barry,  Bonney  Bridges,  Caldwell, 
Castello,  Chappell,  Clarke,  Cunningham,  Dowd,  Drane,  Elliott 
John,  Fawn,  Field,  Fitzhugh,  Gibbs,  Hauser,  Holland,  Howe, 
Hutto,  Jacobs,  Jamison,  Johnson  S.,  Johnson  A.,  Lack,  Law- 


582 


son,  Leas,  Mayson,  Mask,  Musgrove,  Moore,  Myers,  Mygatt, 
Niles,  Ozanne,  Parsons  F.,  Powell,  Railsback,  Richardson, 
Smith,  Stewart,  Stovall,  Stringer,  Warren,  Weir,  Williams— 46. 

Mr.  Fitzhugh  moved  to  insert-  "  ten,"  instead  of  "  five  min- 
utes." 

Mr.  Orr  offered  the  following  as  an  amendment  \o  the  amend- 
ment: 

That  from  and  after  this  date  no  debate  whatever  shall  be 
permitted  upon  any  question  that  may  come  before  this  Con- 
vention. 

Mr.  Musgrove  moved  to  table  the  amendment  and  amend- 
ment thereto; 

Which  was  carried. 

Mr.  Combash  moved  to  indefinitely  postpone. 
Mr.  Clarke  moved  to  lay  on  the  table; 
Which  was  carried. 

Mr.  Musgrove  moved  the  previous  question ; 
Which  was  sustained. 

And  the  resolution  introduced  by  Mr.  Hauser,  was  adopted , 
by  the  following  vote : 

Yeas — Messrs.  Ballard,  Beam,  Bonney,  Bridges,  Castello, 
Chapman,  Chap  pell,  Clarke,  Combash,  Cunningham,  Dowd, 
Drane,  Elliott  John,  Fawn,  Field,  Fitzhugh,  Gibbs,  Hauser, 
Holland,  Hutto,  Jamison,  Johnson  S.,  Johnson  A.,  Lack,  Law- 
son,  Leas,  Mask,  Musgrove,  Mygatt,  Newsom,  Niles,  Ozanne, 
Parsons  F.,  Powell,  Railsback,  Smith,  Stewart,  Stites,  Stovall, 
Stringer,  Warren,  Weir,  and  Williams — 44. 

Nays — Messrs.  Alderson,  Alcorn,  Barry,  Caldwell,  Handy, 
Herbert,  Jacobs,  Mayson,  Morgan,  Myers,  McKee,  Orr,  Stiles, 
Toy,  Woodmansee,  and  Yeoman — 16. 

Mr.  Newsom  moved  to  reconsider. 

Mr.  Fawn  moved  to  lay  on  the  table; 

Which  was  carried. 

The  unfinished  business  of  3^esterday  was  taken  up,  being 
the  consideration  of  the  report  of  the  committee  on  Internal 
Improvements,  and  the  motion  of  Mr.  Woodmansee  to  indefi- 
nitely postpone  was  lost. 

The  question  recurring  on  the  adoption  of  the  report  on  its 
second  reading,  Mr.  Cunningham  moved  the  previous  question ; 

Which  was  not  sustained. 

And  the  subject  lies  over. 

Mr.  F.  Parsons  moved  to  suspend  the  rules,  that  the  consid- 
eration of  the  matter  maybe  continued; 
Which  was  carried. 

Mr.  McKee  moved  to  amend  as  follows : 

Strike  out  the  words  "  elected  at  the  same  time  and  place 
that  other  State  officers  are  elected,"  and  insert  the  words 
"who  shall  be  elected  by  the  Legislature  on  joint  ballot;" 

Which  was  carried; 

And  the  report  passed  a  second  reading,  and  reads  as  fol- 
lows : 

There  shall  be  a  Commissioner  of  Immigration  and  Agricul- 


583 


ture,  who  shall  be  elected  by  the  Legislature  on  joint  ballot, 
and  who  shall  hold  his  office  for  the  term  of  four  years,  unless 
sooner  removed  by  law. 

Mr.  Chappell  moved  that  the  rules  be  suspended  and  the  sec- 
tion  be  put  upon  its  third  reading  ; 

Which  was  lost. 

Mr.  Barry  moved  to  postpone  the  further  consideration  of 
this  subject,  and  that  the  committee  on  Form  and  Arrangement 
be  requested  to  report  any  amendments  deemed  necessary. 

Mr.  Stiles  moved  to  amend  by  adding  the  words  "  and  that 
all  proceedings  had  this  morning  in  relation  to  the  section 
introduced  by  Mr.  Gibbs,  and  the  subject  of  franchise,  be 
stricken  out ;" 

Which  was  carried. 

And  the  motion  of  Mr.  Barry,  as  amended,  was  carried. 
The  Convention  adjourned  to  meet  at  3  o'clock. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr,  President,  Messrs.  Alclerson,  Alcorn,  Beam,  Bonney* 
Brinson,  Caldwell,  Chapman,  Chappell,  Clarke,  Combash, 
Dowd,  Drane,  Elliott  John,  Fawn,  Gibbs,  Hauser,  Hutto,  Jacobs, 
Johnson  S.,  Johnson  A.,  Lawson,  Leas,  Leonard,  Maysom 
Mask,  Musgrove,  Moore,  Morgan,  Mj-ers,  Mygatt,  McKnight 
Niles,  Orr,  Parsons  F.,  Richardson,  Smith,  Stewart,  Stites, 
Stovall,  Stringer,  Stiles,  Warren,  Weir,  Williams,  Woodman- 
see,  Yeoman — 47. 

The  following  delegates  were  absent: 

Messrs.  Ballard,  Barry,  Bridges,  Castello,  Collins,  Conley, 
Cunningham,  Elliott  James,  Field,  Fitzhugh,  Handy,  Herbert, 
Holland,  Howe,  Jamison,  Jones,  Kerr,  Lack,  Miles,  Neilsom 
Nelms,  Ozanne,  McKee,  Parsons  J.  R.,  Peyton  E.  A.,  Pej'ton 
E.  G.,  Powell,  Quinn,  Railsback,  Rainey,  Walker — 31. 

The  ordinance  in  relation  to  Escheats,  was  taken  up  and 
passed  its  third  reading,  and  reads  as  follows: 

AN  ORDINANCE  IN  RELATION  TO  ESCHEATS  AND  OTHER  SUBJECTS. 

Be  it  ordained  by  the  people  of  the  State  of  3fississippi,  in 
Convention  assembled,  That  no  gift  or  sale  of  property  hereto- 
fore made  in  good  faith  shall  be  invalid  by  reason  of  any  disa- 
bility imposed  by  any  law  or  policy  heretofore  prevailing  in 
this  State,  on  account  of  the  race,  CGlor  or  condition  of  the 
donor  or  donee,  vendor  or  vendee;  and  all  persons  who  have 
heretofore  been  denied  any  legacy  or  inheritance  by  the  opera- 
tion of  any  such  law  or  policy,  are  hereby  declared  to  be  enti- 
tled to  recover  the  same,  in  the  same  manner  as  if  no  such  law 
or  policy,  or  disability  had  ever  existed.  And  all  property  now 
held  by  this  State,  or  by  any  individual  upon  claim  that  the 


584 


same  has  escheated  by  reason  of  such  disability,  shall  be 
restored  to  the  person  or  persons,  or  line  of  descent  or  distri- 
bution who  or  which  would  have  been  entitled  to  the  same  if 
no  such  law  or  policy  had  ever  existed,  or  if  in  the  hands'  of 
bona  fide  purchasers  from  the  State,  full  compensation  shall  be 
made  therefor  out  of  the  State  Treasury;  Provided,  That  the 
claimant  of  property  escheated  as  aforesaid  be  a  loyal  citizen 
of  the  United  States  ;  And  provided  further,  That  no  statute 
of  limitations  shall  be  allowed  to  bar  any  claim  under  the  pro- 
visions of  this  ordinance. 

Mr.  Leas  moved  to  refer  to  the  committe  on  Enrollment ; 
Which  was  carried. 

The  report  of  the  committee  on  General  Provisions,  submit- 
ted yesterday,  was  taken  up,  and  the  section  reported  for 
adoption,  was  read  the  first  time,  and  reads  as  follows: 

Sec. —  That  the  Legislature  shall  provide  by  law  that  every 
citizen  householder,  being  the  head  of  a  family,  resident  of 
this  State,  may  hold  exempt  from  seizure,  under  any  execution ? 
attachment,  or  other  final  process,  of  any  court  of  this  State,  a 
homestead  and  necessary  household  goods,  furniture  and  farm- 
ing stock,  and  utensils,  the  total  value  whereof  not  to  exceed 
one  thousand  dollars. 

Mr.  Cunningham  moved  to  suspend  the  rules  and  put  the 
section  upon  its  second  reading; 

Which  was  lost. 

Mr.  Morgan  moved  to  indefinitely  postpone  the  further  con- 
sideration of  the  section. 

Mr.  Cunningham  moved  to  amend  the  motion  of  Mr,  Morgan 
by  adding  the  words,  "  until  to-morrow,"  and  strike  out  the 
word  "  indefinitely." 

Mr.  Hauser  moved  to  suspend  the  rules  for  a  certain  pur- 
pose ; 

Which  was  laid  on  the  table. 

And  the  amendment  of  Mr.  Cunningham  was  adopted. 
And  the  motion  of  Mr.  Morgan  as  amended,  was  lost. 
Mr.  Field  moved  to  amend  by  striking  out  the  word  "  one," 
and  inserting  the  word  "ten;" 
Which  was  laid  on  the  table. 
Mr.  Stovall  moved  to  amend  as  follows : 

"That  the  Legislature  of  Mississippi  shall  never  pass  any 
law  exempting  more  than  a  man's  clothing  and  that  of  his 
family;  Provided^  This  shall  not  apply  to  any  property  owned 
by  a  woman  before  she  is  married." 

Which  was  laid  on  the  table. 

Mr,  Alderson  moved  to  amend  by  striking  out  all  of  the 
original  section,  and  inserting  as  follows: 

Each  and  every  head  of  a  family  may  have  and  possess,  free 
from  every  description  of  claim,  demand,  and  execution,  five 
hundred  dollars  worth  of  personal  property,  to  be  selected  by 
the  debtor,  and  the  wearing  apparel  of  each  and  every  member 
of  the  family  >  also  one  thousand  dollars  worth  of  real  estate^ 


585 


but  no  property  shall  be  exempt  from  execution  for  the  pur- 
chase money  of  said  property,  and  the  wages  of  the  laborer; 
Provided,  This  section  shall  not  affect  the  collection  of  debts 
contracted  before  the  ratification  of  this  Constitution. 

Mr.  Musgrove  moved  the  previous  question; 

Which  was  not  sustained. 

And  the  subject  lies  over. 

Mr.  Barry  moved  to  reconsider  the  vote  adopting  the  motion 
of  Mr.  Morgan  as  amended  by  the  amendment  of  3±r.  Stiles. 
Mr.  Parsons,  of  Adams,  moved  to  table; 
Which  was  lost. 

Pending  further  action  upon  the  same,  the  Convention  ad- 
journed to  meet  to-morrow  morning?  at  9  o'clock. 

T.  P.  Sears, 

Secretary. 


NINTY-EIGHTH  DAY. 

Jackson,  Miss.,  Wednesday,  April  29th,  1868. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Brinson,  Caldwell,  Casteilo,  Chapman,  Chappell, 
Clarke,  Combash,  Conley,  Cunningham,  Dowel,  Drane,  Elliott 
John,  Fawn,  Field,  Gibbs,  Handy,  Hauser,  Herbert,  Holland, 
Howe,  Hutto,  Jacobs,  Jamison,  Johnson  S.,  Johnson  A.,  Lack, 
Lawsou,  Leas,  Leonard,  Mayson,  Mask,  Musgrove,  Moore,  Mor- 
gan, Myers,  Mygatt,  McKee,  McKnight,  Newsom,  Niles,  Orr. 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Powell,  Railsback,  Richard- 
son, Smith,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy,  War- 
ren, Weir,  Williams,  Woodmansee,  and  Yeoman — 66. 

The  following  delegates  were  absent: 

Messrs.  Bridges,  Collins,  Elliott  James,  Fitzhugh,  Jones, 
Kerr,  Miles,  Neilson,  Nelms,  Peyton  E.  A.,  Pe}*ton  E.  G.,  Quinn, 
Rainey,  and  Walker — 14. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted,  to  Mr.  Beam  for  four  days; 
to  Mr.  Bridges  for  two  days. 

The  committee  on  Printing  submitted  the  following  report : 

Mr.  President:  The  committee  on  Printing,  to  whom  was 
referred  section  4  in  former  report  of  said  committee,  have 
considered  the  same,  and  have  instructed  me  to  report  the  same 
back  to  the  Convention,  with  the  recommendation  that  it  be 
adopted. 

E.  J.  Castello, 

Chairman. 


586 


The  President  announced  the  following  delegates  as  a  com- 
mittee of  five  on  the  ratification  of  the  Constitution,  etc. : 

Mr.  Gibbs,  of  Wilkinson;  Mr.  Barry,  of  Holmes;  Mr.  Weir, 
of  Oktibbeha;  Mr.  Dowel,  of  Coahoma;  Mr.  Stringer,  of 
Warren. 

The  following  report  from  the  committee  on  Form  and  Ar- 
rangement, was  submitted: 

Mr.  President:  The  committee  on  Form  and  Arrangement 
have  instructed  me  to  report  the  following  additional  amend- 
ment to  the  fifth  section  of  the  report  on  Franchise:  Insert, 
after  the  word  "  Convention,"  in  the  twenty-third  line,  the 
words  "  or  who  have  advocated,  and  shall  continuously  and  in 
good  faith  advocate  the  acts  of  the  same." 

The  committee  would  further  recommend  that  section  22  of 
the  report  on  General  Provisions  be  stricken  out. 

J.  Hauser,  Chairman. 
Henry  W.  Warren, 
G.  H.  Holland, 
William  Yeoman, 
Thomas  W.  Stringer, 
James  Weir,  Committee. 

Report  received. 

Mr.  Hauser  moved  the  adoption  of  the  same,  and  its  refer- 
ence to  the  committee  on  Form  and  Arrangement. 

Mr.  Holland  moved  the  previous  question; 

Which  was  not  sustained,  and  the  subject  lies  over. 

Mr.  Woodmansee  moved  to  suspend  the  rules  for  a  certain 
purpose. 

Mr.  Alcorn  moved  to  table; 

Which  was  lost.  * 
And  the  motion  to  suspend  the  rules  was  lost. 
Mr.  McKee  moved  to  rescind  the  vote  on  the  previous  ques- 
tion, last  taken; 
Which  was  lost. 

Mr.  Hauser  moved  to  suspend  the  rules  and  take  up  the 
report  of  the  committee  on  Ordinance  and  Schedule; 
Which  was  carried. 

And  the  Convention  resumed  the  consideration  of  section  8 
of  the  report  of  the  minority  on  Ordinance  and  Schedule. 
Mr.  Musgrove  offered  the  following  amendment: 
Strikeout  section  8  of  the  minority  report,  and  insert  the 

following: 

Section  — .  The  same  Registrars  and  Commissioners  who 
shall  be  appointed  by  the  Commanding  General  of  the  Fourth 
Military  District  to  superintend  the  election  for  the  ratification 
or  rejection  of  the  Constitution,  shall  also,  at  the  same  time  and 
place,  superintend  the  election  for  all  officers  and  Representa- 
tives herein  ordered.  Returns  shall  be  made  in  duplicate, 
sworn  to  by  the  Registrars  and  Commissioners  holding  the 
election,  and  forwarded  three  days  thereafter  to  the  President 
of  this  Convention,  and  to  the  Commanding  General  of  this 
District,  who  shall,  within  five  days  after  the  last  return  has 


587 


been received,  make  proclamation  of  the  result  of  said  election, 
and  if  said  Constitution  shall  have  been  adopted,  the  President 
of  this  Convention  shall  transmit  a  certified  copy  of  the  same, 
together  with  an  abstract  of  the  votes  cast,  to  the  President  of 
the  United  States,  to  be  by  him  laid  before  the  Congress  of  the 
United  States  for  their  approval  or  rejection,  and  shall  also  de- 
clare the  officers  elected  thereunder;  and  if  declared  ratified, 
the  Constitution  shall,  from  and  after  that  date,  be  in  full  force 
and  effect. 

Mr.  Stringer  moved  to  table; 

Which  was  carried. 

Mr.  Stringer  moved  that  the  further  consideration  be  post- 
poned until  the  committee  of  Five  Can  confer  with  Gen.  Gillem. 

Mr.  Musgrove  moved  to  amend,  that  the  chairman  of  the 
committee  of  Five  be  instructed  to  proceed  at  once  and  confer 
with  the  General  Commanding. 

Mr.  Orr  moved  to  table  the  amendment  and  the  motion  to 
postpone; 

Which  was  carried. 

Mr.  Orr  moved  to  amend  as  follows: 

Strike  out  the  word  -  attend,"  in  the  sixth  line,  and  insert  the 
word  "  supervise;"  in  ninth  line  strike  cut  the  word  "  superin- 
tend," and  insert  the  word  "conduct:"  in  tenth  line  insert 
before  the  word  "of&cers"  the  word  "State;"  in  tenth  and 
eleventh  lines  strike  out  the  words  "and  representatives;"  in 
the  thirteenth  and  fourteenth  lines  strike  out  the  word  "  super-, 
intending*'  and  insert  the  word  "  conducting." 

Mr.  Weir  moved  to  amend  the  amendment  as  follows: 

Strike  out  the  seventh,  eighth,  ninth,  and  tenth  lines  to  the 
word  "  all,"  and  strike  out  the  twenty-fourth,  twenty-fifth, 
and  twenty-six  lines; 

Which  was  laid  on  the  table. 

Mr.  Chappell  moved  to  amend  the  amendment  as  follows : 

Strike  out  all  after  the  word  "Constitution,"  in  the  eighth 
line,  and  strike  out  the  word  "superintend"  and  insert  the  words 
"attend  the  polls  and  prevent  frauds  at;" 

Which  was  laid  on  the  table. 

Mr.  Chappell  moved  to  table  the  amendment  ; 

Which  was  lost. 

Mr.  Chappell  moved  the  previous  question; 
Which  was  sustained. 

And  the  amendment  of  Mr.  Orr  was  adopted. 
And  the  section  as  amended,  was  adopted,  and  reads  as  fol- 
lows: 

Sec.  8.  The  Committee  of  Five,  appointed  under  authority 
of  this  Convention,  shall  appoint  three  Commissioners  of  Elec- 
tion for  each  county,  whose  duty  it  shall  be  to  supervise  the 
election  for  the  ratification  or  rejection  of  the  Constitution;  who 
shall  also,  at  the  same  time  and  place,  conduct  the  election  for 
all  State  officers  herein  ordered.  Returns  in  duplicate  shall  be 
made,  sworn  to  by  the  said  Commissioners  conducting 
said  election,  and  forwarded  within  three  days  thereafter  to 


588 


the  chairman  of  said  Committee  of  Five  who  shall,  within  five 
days  after  the  last  return  has  been  received,  make  proclama- 
tion of  the  result  of  said  election;  and  shall  also  declare  the 
officers  elected  thereunder,  and  notify  them  of  their  election; 
and  if  declared  ratified,  the  Constitution  shall,  from  and  after 
that  date,  be  in  full  force  and  effect. 

Mr.  Parsons,  of  Adams,  moved  to  refer  to  the  committee  on 
Form  and  Arrangement. 

Mr.  McKee  moved  that  the  mover  be  permitted  to  withdraw 
the  motion  to  refer; 

Which  was  carried. 

And  the  motion  to  refer  was  withdrawn. 
Mr.  Orr  renewed  the  motion  to  refer  to  the  committee  on 
Form  and  Arrangement; 

Which  was  laid  on  the  table. 

Mr.  Cunningham  moved  to  suspend  the  rules  to  enable  him 
to  introduce  an  ordinance. 
Mr.  Jacobs  moved  to  table; 
Which  was  carried. 

The  section  in  relation  to  the  election  of  a  Commissioner  of 
Immigration  passed  its  third  reading,  and  reads  as  follows: 

Sec.  — .  There  shall  be  a  Commissioner  of  Immigration  and 
Agriculture,  who  shall  be  elected  by  the  Legislature  on  joint 
ballot,  who  shall  hold  his  office  for  the  term  of  four  years, 
unless  sooner  removed  by  law. 

And  on  motion  of  Mr.  Clarke,  it  was  referred  to  the  com- 
mittee on  Form  and  Arrangement. 

Mr.  Alderson  moved  to  suspend  the  rules  to  enable  him  to 
introduce  an  ordinance;  which  was  carried. 

And  Mr.  Alderson  submitted  the  following: 

Be  it  ordained  by  the  people  of  the  State  of  Mississippi,  in 
Convention  assembled.  That  in  all  cases  where  judgments  in 
the  Circuit  Courts  and  decrees  in  the  Chancery  or  Probate 
Courts  of  this  State  have  been  rendered  since  the  9th  day  of 
January,  1861,  and  prior  to  this  date,  the  party  against  whom 
such  judgment  or  decree,  has  been  rendered,  whether  in  a 
representative  capacity  or  otherwise,  shall  be  entitled  to  a  new 
trial  upon  filing  an  affidavit  that  he  or  she  had  no  attorney  or 
counselor  present  at  the  time  of  the  rendition  of  said  judgment 
or  decree,  and  that  he  or  she  believes  that  said  judgment  or 
decree  is  unjust. 

Sec.  2.  Be  it  further  ordained,  That  this  ordinance  shall  be 
in  force  from  and  after  the  ratification  of  this  Constitution. 

Mr.  Weir  moved  to  amend  as  follows : 

Excepting  all  judgments  rendered  by  Courts  acting  under  an 
oath  to  support  any  Government  foreign  to  the  Government  of 
the  United  States,  are  declared  to  be  null  and  void,  and  no 
action  on,  or  enforcement  thereof,  shall  ever  be  entertained  by 
any  officer — civil,  judicial,  or  executive. 

Which  was  laid  on  the  table. 

Mr.  Weir  moved  to  lay  the  ordinance  on  the  table; 

Which  was  lost. 


5S9 


And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Cunningham,  and  sustained,  the  ordinance  passed  its  first 
reading. 

Mr.  F.  Parsons  moved  to  refer  to  the  committee  on  Judiciary, 
Mr.  Newsom  moved  to  table  the  motion  to  refer; 
Which  was  carried. 

Mr.  Weir  moved  that  the  matter  lie  over  until  to-morrow; 
Which  was  laid  on  the  table, 

Mr.  Chappell  moved  to  suspend  the  rules  and  put  the  ordi- 
nance upon  its  second  reading; 
Which  was  carried. 

And  the  ordinance  passed  its  second  reading. 
Mr.  Chappell  moved  to  suspend  the  rules  and  put  the  ordi- 
nance upon  its  third  reading. 

Mr.  Cunningham  moved  the  previous  question, 
Which  was  sustained; 

And  the  motion  of  Mr.  Chappell  was  carried  ;  and  the  ordi- 
nance passed  its  third  reading,  and  reads  as  follows: 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Mis- 
sissip>pi,  in  Convention  assembled,  That  in  all  cases  where  judg- 
ments in  the  Circuit  Courts  and  decrees  in  the  Chancery  or 
Probate  Courts  of  this  State  have  been  rendered  since  the  9th 
day  of  January,  1861,  and  prior  to  this  date,  the  party  against 
whom  such  judgment  or  decree  has  been  rendered,  whether  in 
a  representative  capacity  or  otherwise,  shall  be  entitled  to  a 
new  trial,  upon  filing  an  affidavit  that  he  or  she  had  no  attor- 
ney or  counsel  or  present  at  the  time  of  the  rendition  of  said 
.judgment  or  decree,  and  that  he  or  she  believes  that  said 
judgment  or  decree  is  unjust. 

Sec.  2.  Be  it  further  ordained,  That  this  ordinance  shall  be 
in  force  from  and  after  the  ratification  of  this  Constitution. 

Convention  adjourned  to  meet  at  3  o'clock  p.  m, 

AFTERNOON  SESSION, 

The  Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Brinson,  Caldwell,  Castello,  Chapman,  Clarke, 
Conley,  Dowd,  Drane,  Field,  Gibbs,  Hand}',  Hauser,  Holland, 
Howe,  Hutto,  Jacobs,  Jamison,  Johnson  S.,  Johnson  A.,  Lack, 
Lawson,  Leas,  Leonard,  Mayson,  Mask,  Musgrove,  Moore, 
Morgan,  Mygatt,  McKnight,  Newsom,  Niles,  Ozanne,  Parsons 
F.,  Powell,  Railsbaek,  Smith,  Stewart,  Stites,  Stovall,  Stringer, 
Stiles,  Warren,  Weir,  Williams,  and  Yeoman— 53. 

The  following  delegates  were  absent : 

Messrs.  Bridges,  Chappell,  Collins,  Combash,  Cunningham, 
Elliott  John,  Elliott  James,  Fawn,  Fitzhugh,  Herbert,  Jones;. 
Kerr,  Miles.  Myers,  McKee,  Neilson,  Nelms,  Orr,  Parsons  J,  K,5 
Peyton  E.  A.,  Peyton  E.  G.,  Quinn,.  Richardson.  Rainey,  Toy, 
Walker,  and  Woodmansee— 27... 


590 


Leave  of  absence  granted  to  Mr.  Williams  for  four  days. 

The  Convention  resumed  the  consideration  of  the  fourth 
section  of  the  supplemental  ordinance  on  Printing. 

And  section  4  passed  its  second  reading,  and  reads  as  follows : 

Sec.  4.  Be  it  further  ordained,  That  all  ordinances  or  parts 
of  ordinances  conflicting  with  any  of  the  provisions  of  this 
ordinance  be,  and  the  same  are  hereby  repealed. 

Mr.  Castello  moved  to  suspend  the  rules  and  put  the  ordi- 
nance on  its  third  reading; 

Which  was  carried. 

Mr.  Castello  moved  to  indefinitely  postpone  section  2; 
Which  was  carried. 

And  sections  3  and  4  were  adopted  and  read  as  follows: 

Sec.  3.  Be  it  further  ordained,  That  after  the  adjourn- 
ment of  this  Convention,  and  the  Constitution  shall  have  been 
submitted  to  the  electors  of  the  State  for  ratification  or  rejec- 
tion, all  accounts  for  printing  shall  be  certified  to  by  the  Presi- 
dent of  this  Convention,  and  the  Chairman  of  the  committee 
on  the  Ratification  of  the  Constitution  as  being  correct,  before 
warrants  shall  issue  in  payment  thereof. 

Sec.  4.  Be  it  f  urther  ordained,  That  all  ordinances  or  parts 
of  ordinances  conflicting  with  any  of  the  provisions  of  this 
ordinance  be,  and  the  same  are  hereby  repealed. 

Mr.  Castello  moved  to  refer  to  committee  on  Enrollment; 

Which  was  carried. 

Hr.  Holland  moved  to  adjourn; 

Which  was  lost. 

Mr.  Dowd  introduced  the  following: 

Besolved,  That  the  committee  on  Form  and  Arrangement 
be  instructed  to  correct  the  reading  of  the  section  establishing 
the  boundary  line  between  Tunica  and  Coahoma  counties  so  as 
to  read:  "Beginning  at  a  point  on  the  Mississippi  river, 
where  the  north  boundary  of  township  30,  range  4  west,  inter- 
sects said  river,  running  thence  east  with  the  north  boundary 
of  township  30  to  the  dividing  line  of  the  Chickasaw  and 
Choctaw  nations  to  the  south  boundary  of  township  7;  thence 
east  on  said  south  boundary  to  the  corner  of  sections  33  and 
34  in  range  9,  west. 

Mr.  Dowd  moved  to  take  up  the  ordinance  relating  to  Craw- 
ford county,  and  put  upon  its  third  reading; 

A  motion  to  table  was  lost. 

And  the  motion  of  Mr.  Dowd  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Chapman,  Dowd,  Gibbs,  Handy, 
Howe,  Johnson  A.,  Lawson,  Leas,  Mayson,  Mask,  McKnight, 
Newsom,  Ozanne,  Parsons  F.,  Eailsback,  Smith,  Stiles,  Toy, 
and  Williams — 20. 

Nays — Messrs.  Alderson,  Ballard,  Bonney,  Brinson,  Cald- 
well, Castello,  Chappell,  Clarke,  Con  ley,  Drane,  Elliott  John, 
Fawn,  Holland,  Jacobs,  Johnson  S.,  Lack,  Leonard,  Musgrove, 
Moore,  Miles,  McKee,  Niles,  Orr,  Powell,  Richardson,  Stewart, 
Stovall,  Stites,  Warren,  Weir,  and  Woodmansee — 31. 

Mr.  Castello  introduced  the  following: 


591 


Resolved,  That  the  Meridian  Chronicle,  Mississippi  State 
Journal,  Vickshmrg  Republican,  and  Bally  Mississippi  Pilot 
be  authorized  to  publish  in  each  of  their  issues,  the  Constitu- 
tion adopted  by  this  Convention,  from  the  date  of  the  adjourn- 
ment of  the  Convention,  for  which  they  shall  be  allowed  the 
same  compensation  as  is  now  allowed  the  Official  Journal  foe 
the  publication  of  the  proceedings  of  the  Convention,  and  that 
the  Secretary  be  directed  to  furnish  those  papers  with  an  oril- 
cial  copy  of  the  Constitution,  immediately  after  the  adjourn- 
ment of  the  Convention. 

Mr.  Ozanne  moved  to  amend  by  adding  the  Corinth  3": 
published  at  Corinth,  Mississippi,  and  the  Panola  Star,  pub- 
lished at  Panola,  Mississippi,  both  weekly  papers. 

Pending  action  on  the  same,  the  Convention,  adjourned  to 
meet  to-morrow  morning  at  9  o'clock. 

T.  P.  Sears. 

Secretary. 


NINETY-NINTH  DAY, 

Jackson,  Miss.,  Thursday,  April  30th.  186S. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  Lhe  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President.  Messrs.  Aiderson.  Barry.  Ballard.  Bonney. 
Caldwell,  Casteilo,  Chapman.  ChappelL  Clarke.  Combash,  Con- 
ley.  Cunningham.  Drane.  Elliott  John.  Fawu  Field.  Fitzhugh. 
Handy.  Ha  user,  Holland.  Howe.  Hutto.  Jacobs,  Jamison,  John- 
son S.,  Johnson  A..  Lack.  Lawson,  Leas.  Leonard,  Mayson. 
Mask,  Musgrove,  Mooie.  Morgan.  Myers.  Mygatt.  McKee. 
McKnight.  IVewsom,  Niles,  Orr,  Ozanne.  Parsons  F..  Parsons 
J.  P..  Powell,  Quinn.  Eailsback.  Eichardson,  Smith.  Stewart. 
Stites,  Stovall,  Stiles,  Toy.  Warren,  Weir,  Woodniansee.  and 
Yeoman — 60. 

The  following  delegates  were  absent: 

Messrs.  Alcorn.  Beam.  Bridges.  Brinsou.  Collins.  Dowd.  Elli- 
ott James.  Gibbs,  Herbert.  Jones.  Kerr.  Niles.  Neilson,  Xelms, 
Peyton  E.  A..  Peyton  E.  G-..  Rainey,  Stringer,  Walker,  and  Wil- 
liams— 20, 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted,  to  Mr.  A.  Johnson,  for  four 
days:  to  Mr.  Musgrove.  for  three  days  from  Saturday;  to  Mr. 
James  Elliott,  from  day  to  day:  to  Mr.  Field,  for  rive  days. 

The  committee  on  Enrollment  submitted  the  following  re- 
port : 

Mb.  President — Your  committee  on  Enrollment  have  exam 


592 


ined  an  ordinance,  passed  by  this  Convention  April  25th,  to 
cede  to  the  United  States  jurisdiction  over  the  National  Ceme- 
tery in  Tishomingo  county. 

Also,  an  ordinance  passed  April  23d,  to  amend  the  Tax  Ordi- 
nance of  this  Convention,  passed  February  27th,  and  have  in- 
structed me  to  report  that  they  find  them  correctly  enrolled. 
Respectfully, 

James  Weir,  Chairman. 
M.  T.  Newsom, 

W.  B.  Cunningham,  and  others, 
Committee, 

Report  received. 

The  committee  on  Form  and  Arrangement  made  the  follow- 
ing report  ■ 

Mr.  President — The  committee  on  Form  and  Arrangement 
have  instructed  me  to  report  the  several  articles  of  the  Consti- 
tution referred  to  them,  in  the  following  order: 

Article     i. — Bill  of  Rights. 

Article    ii. — Boundaries  of  the  State. 

Article   hi. — Distribution  of  the  powers  of  Government 

Article   iv. — Legislative  Department. 

Article    v. — Executive  Department. 

Article  vi.— Judiciary. 

Article  vii. — Elective  Franchise. 

Article  viil — School  Funds,  Education,  and  Science. 

Article  ix.— Of  the  Militia. 

Article    x. — Internal  Improvements. 

Article  xi. — Miscellaneous. 

J.  Hauser, 

Chairman. 

Report  received. 

Mr.  Morgan  moved  to  print  100  copies,  and  make  it  the 
special  order  for  Monday  next ; 
Which  was  laid  on  the  table. 

Mr.  Morgan  moved  that  the  report  be  printed,  and  made  the 
special  order  for  to-morrow. 

Mr.  Barry  moved  to  amend  as  follows : 
That  it  be  made  the  special  order  for  Monday  next. 
Mr.  Cunningham  moved  to  table  the  amendment ; 
Which  was  lost,  by  the  following  vote: 

Ylas— Messrs.  Ballard,  Clarke,  Cunningham,  Drane,  Elliott 
John,  Hauser,  Holland,  Howe,  Hutto,  Jamison,  Johnson,  S., 
Lack,  Musgrove,  Niles,  Parsons  F.,  Powell,  Richardson,  Smith, 
Warren,  Weir,  and  Woodmansee — 21. 

Nats— Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Brinson, 
Caldwell,  Castello,  Chapman,  Chappell,  Combash,  Conley,Fawn, 
Field,  Fitzhugh,  Handy,  Jacobs,  Johnson  A.,  Lawson,  Leas? 
Mayson,  Mask,  Moore,  Morgan,  Myers,  Mygatt,  McKee,  New- 
som, Orr?  Ozanne,  Quinn,  Stewart,  Stites,  Stiles,  Toy,  and  Yeo- 
man— 35. 

Mr.  Orr  moved  the  previous  question ; 
Which  was  sustained; 


593 


And  the  amendment  of  Mr.  Barry  was  adopted,  by  the  fol- 
lowing vote : 

Yeas— -Messrs.  Alderson,  Alcorn,  Bany,  Bonney,  Brinson, 
Caldwell,  Castello,  Chapman,  Chappell,  Combash,  Field,  Fitz- 
hugh,  Hand}-,  Johnson  A.,  Lawson,  Leas,  Mayson,  Mask- 
Moore,  Newsom,  Orr,  Ozanne,  Parsons  J.  R.,  Quinn,  Stewart, 
Stites,  Stiles,  Toy,  and  Yeoman — 29. 

Nats — Messrs.  Ballard,  Clarke,  Conley,  Cunningham,  Drane. 
Elliott  John,  Fawn,  Hauser,  Holland,  Howe,  Hutto,  Jacobs. 
Jamison,  Johnson  S.,  Lack,  Musgrove,  Morgan,  Myers,  Mygatt, 
Niles,  Parsons  F.,  Powell,  Richardson,  Smith,  Warren,  Weir, 
and  Woodmansee — 28. 

And  the  resolution  of  Mr.  Morgan,  as  amended,  was  adopted, 

Mr  Musgrove  moved  to  reconsider  the  vote  just  taken. 

Mr.  Fitzhugh  moved  to  lay  the  motion  on  the  table; 

Which  was  lost. 

And  the  motion  to  reconsider  was  carried,  by  the  following 
vote : 

Yeas — Messrs.  Ballard,  Clarke,  Cunningham,  Drane,  Elliott 
John,  Fawn,  Hauser,  Holland,  Howe,  Hutto,  Jacobs,  Jamison, 
Johnson  S.,  Lack,  Leas,  Leonard,  Mask,  Musgrove,  Morgan, 
Mygatt,  Parsons  F.,  Powell,  Railsback,  Richardson,  Smith. 
Warren,  Weir;  and  Woodmansee — 28. 

Nays — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Brinson. 
Caldwell,  Castello,  Chapman,  Chappell,  Fitzhugh,  Johnson  A., 
Lawson,  Mayson,  Moore,  M}Ters,  McKee,  Newsom,  Orr,  Ozanne. 
Quinn,  Stewart,  Stites,  Stiles,  Toy,  and  Yeoman  25. 

Mr.  Mygatt  moved  *to  amend  the  amendment  by  making  it 
the  special  order  for  10  o'clock  to-morrow. 

Mr.  Orr  moved  to  lay  the  motion  on  the  table; 

Which  was  lost. 

Mr.  Woodmansee  moved  the  previous  question ; 
Which  was  sustained. 

And  the  amendment  of  Mr.  Mygatt  was  adopted. 
The  resolution  introduced  by  Mr.  Dowd,  yesterday,  was 
withdrawn  by  consent. 

And  Mr.  Conley  offered  the  following : 

AN  ORDINANCE  SUPPLEMENTARY  TO  AN  ORDINANCE  PASSED  APRIL 
6TH,  A.  D.  1868,  DEFINING  THE  BOUNDARY  LINE  BETWEEN 
COAHOMA  AND  TUNICA  COUNTIES,   AND  FOR  OTHER  PURPOSES. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Mis- 
sissippi, in  Convention  assembled,  That  so  much  of  the  ordi- 
nance as  establishes  the  boundary  line  between  Tunica  and 
Coahoma  counties,  shall  be  amended  so  that  it  reads  as  follows  : 
Beginning  at  a  point  on  the  Mississippi  river,  where  the  north 
boundary  of  township  thiily,  range  four,  west,  intersects  said 
river;  running  thence  east  with  the  north  boundary  of  town- 
ship thirty,  to  the  dividing  line  of  the  Choctaw  and  Chickasaw 
nations,  to  the  south  boundary  of  township  seven;  thence  east? 
C-38 


594 


on  said  south  boundary,  to  the  corner  of  sections  thirty-three 
and  thirty-four,  in  range  nine,  west. 

And  the  ordinance  passed  its  first  reading. 

The  rules  were  suspended,  and  the  ordinance  was  read  by  its 
title,  and  passed  its  second  reading. 

Under  a  further  suspension  of  the  rules,  the  ordinance  pass- 
ed a  third  reading,  and  reads  as  above,  and  was  referred  to  the 
committee  on  Enrollment. 

Mr.  Ozanne  moved  to  suspend  the  rules  to  enable  him  to  in- 
troduce a  resolution ; 

Which  was  lost. 

The  resolution  in  relation  to  publishing  the  Constitution 
pending  on  adjournment  yesterday,  was  taken  up; 

And  the  amendment  introduced  by  Mr.  Ozanne  being  under 
consideration,  Mr.  Leas  offered  the  following  as  an  amendment 
to  the  amendment: 

Resolved,  That  the  VicJcsburg  Republican,  State  Journal, 
Mississippi  Pilot,  and  Meridian  Chronicle,  each  be  authorized 
to  publish  the  Constitution,  when  completed,  once  a  week, 
(oftener  if  they  choose)  for  four  consecutive  weeks;  and  that 
the  sum  of  three  hundred  dollars  be  allowed  each  as  full  com- 
pensation for  the  same. 

Mr.  Castello  moved  to  table  the  amendment  and  the  amend- 
ment thereto; 

Which  was  carried. 

Mr.  Castello  offered  the  following,  as  an  amendment : 
That  the  Daily  Mississippi  Pilot,  Meridian  Chronicle, 
Vicksburg  Republican,  and  Mississippi  State  Journal,  be 
authorized  to  publish,  once  a  week,  the  Constitution  adopted 
by  this  Convention,  from  the  date  of  the  adjournment  of  the 
Convention  until  the  day  of  the  election ;  for  which  they  shall 
be  allowed  for  the  first  publication  the  same  compensation  as 
is  now  allowed  the  Official  Journal  for  publishing  the  proceed- 
ings of  the  Convention;  and  for  every  subsequent  publication 
they  shall  receive  twenty -five  cents  per  square.  And  that  the 
Secretary  be  directed  to  furnish  these  papers  with  an  official 
copy  of  the  Constitution  immediately  after  the  adjournment  of 
the  Convention. 

Mr.  Ozanne  offered  the  following  as  an  amendment  to  the 
amendment : 

Add  the  Corinth  JTews,  published  at  Corinth,  Mississippi. 
Pending  action  on  the  same,  the  Convention  adjourned,  to 
meet  at  3  o'clock  p.  m. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr,  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Bonney,  Brinson,  Caldwell,  Castello,  Clarke,  Combash,  Conley, 
Elliott  John>  Fawn,  Handy,  Howe,  Hutto,  Jacobs,  Jamison, 


595 


Johnson  S.,  Johnson  A.,  Lack,  Lawson,  Leas,  Leonard,  Mayson, 
Mask,  Musgrove,  Moore,  Myers,  Mygatt,  McKee,  McKnight, 
Newsom,  Mies,  Orr,  Parsons  F.,  Powell,  Railsback,  Richard- 
son, Smith,  Stewart,  Stites,  Stovall,  Stiles,  Toy,  Warren,  Wood- 
mansee,  and  Yeoman — 50. 

The  following  delegates  were  absent: 

Messrs.  Beam,  Bridges,  Chapman,  Chappell,  Cunningham, 
Dowd,  Drane,  Elliott  James,  Field,  Fitzhugh,  Gibbs,  Hauser, 
Herbert,  Holland,  Jones,  Kerr,  Miles,  Morgan,  Neilson,  Nelms, 
Pcirsons  J.  R,,  Peyton  E.  A.,  Peyton  E.  G.,  Quinn,  Rainey, 
Stringer,  Walker,  Weir,  and  Williams — 30. 

Leave  of  absence  was  granted  to  Mr.  Handy  for  two  days. 

The  Convention  resumed  the  consideration  of  the  resolution 
and  amendment  pending  on  adjournment. 

And  the  amendment  to  the  amendment  was  accepted  by  Mr. 
Castello. 

Mr.   Niles  offered   to   amend   by  adding  the  Kosciusko 
Chronicle ; 
Which  was  lost. 

And  the  amendment  of  Mr.  Castello  was  adopted; 
And  the  resolution  as  amended  was  adopted. 
Mr.  Castello  introduced  the  following  ordinance: 

AN  ORDINANCE  OF  RELIEF  FROM  ILLEGAL  TAX  SALES,  AND  FORFEIT- 
URES  OF   PROPERTY  FOR  TAXES. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Mis- 
sissippi, in  Convention  assembled,  That  all  sales  for  forfeitures 
of  land  to  the  State  of  Mississippi,  which  occurred  between 
the  8th  of  January,  1861,  and  the  1st  of  June,  1865,  by  reason 

,  of  the  non-payment  of  the  tax  then  claimed  to  be  due,  be  and 
the  same  are  hereby  declared  to  be  null  and  void,  and  the  Audi- 

1  tor  of  Public  Accounts  is  directed  within  three  months  after 
the  passage  of  this  ordinance,  to  make  out  a  list  of  all  such 

i  lands  appearing  upon  the  books  of  his  office,  and  transmit  the 

'  same  to  the  Clerk  of  the  Probate  Court  of  each  countj^  respect- 
ively, where  such  lands  may  be  situated;  and  said  lands  shall 
hereafter  be  assessed,  and  the  tax  collected  according  to  the 

:  laws  now  in  force. 

Sec.  2.  B%  it  further  ordained,  That  all  deeds  or  other  evi- 

jclencesof  title  executed  by  any  Sheriff  or  Tax  Collector,  or 
Auditor  of  Public  Accounts  of  this  State,  to  individuals,  to 

I  lands  on  account  of  any  tax  claimed  to  be  clue  and  unpaid,  be- 
tween the  1st  of  January,  1861,  and  the  1st  of  June,  1865,  be, 
and  the  same  are  hereby  declared  null  and  void. 
Mr.  Stiles  offered  the  following : 

Resolved,  That  all  citizens  of  the  State  of  Mississippi  who 
have  been  disabled  from  making  a  living  by  manual  labor, 
pj either  by  wounds,  by  accident,  or  any  great  bodily  infirmity, 
■are  hereby  exempted  from  the    payment  of  any  poll-tax, 
whether  to  the  State  or  any  corporation  authorized  to  levy  and 
collect  taxes. 


596 


Mr.  Alclerson  moved  to  amend  by  striking  out  the  words  "or 
great  bodily  infirmity." 

Mr.  Alderson  offered  the  following  as  an  amendment  to  the 
amendment: 

And  all  imaginary  evils  and  other  causes  of  complaint  known 
to  suffering  humanity. 

The  amendment  and  the  amendment  thereto,  were  laid  on 
the  table. 

Mr.  F.  Parsons  offered  the  following  as  an  amendment,  and 
which  was  accepted  by  Mr.  Stiles : 

All  citizens  of  the  State  of  Mississippi  who  are  disabled  for 
any  cause  from  making  a  living  by  manual  labor,  shall  not 
hereafter  be  compelled  to  pay  any  poll-tax. 

Mr.  Clarke  moved  to  indefinitely  postpone; 

Which  was  carried. 

Mr.  Ozanne  offered  the  following  ordinance: 

Be  it  ordained  by  the  people  of  the  State  of  Mississijrpi,  in 
Convention  assembled,  That  all  contracts,  debts,  obligations  to 
pay,  evidences  of  indebtedness,  accounts,  or  liabilities,  not  here- 
tofore canceled,  paid  or  satisfied  in  part  or  whole,  that  shall 
have  been  entered  into  between  the  time  of  the  passage  of  the 
Ordinance  of  Secession  and  the  surrender  of  the  so-called 
Confederate  army,  shall  be  held  and  regarded  as  illegal,  void, 
and  of  no  effect;  Provided,  however,  That  nothing  in  this 
ordinance  shall  be  so  construed  as  to  affect  the  interests  of 
minors,  widows  dower  or  marriage  contracts. 

Which  was  received. 

Mr.  Castello  offered  the  following : 

Sec.  — .  All  contracts,  judgments,  securities,  mortgages,  or 
conveyances  whatever,  made,  given,  granted,  entered  into  or 
executed  at  any  time  when  the  whole  or  any  part  of  the  consider- 
ation or  foundation  of  such  contract,  judgment,  security,  or 
conveyance,  shall  be  for  slaves  or  for  the  hire  of  slaves,  shall 
be  utterly  void. 

The  report  of  the  committee  on  Form  and  Arrangement, 
lying  over  from  yesterday,  was  taken  up  and  adopted. 
A  motion  to  adjourn  was  lost. 

Mr.  McKee  moved  to  reconsider  the  vote  adopting  report  of 
the  committee  on  Form  and  Arrangement. 
Mr.  Clarke  moved  to  table; 
Which  was  carried. 
Mr.  Mies  moved  to  adjourn; 
Which  was  lost. 

Mr.  Musgrove  offered  the  following : 

Resolved,  That  the  committee  of  Five  appointed  to  take 
charge  of  the  ratification  of  the  Constitution,  etc.,  be  allowed 
five  dollars  per  day  for  the  time  actually  employed. 

Mr.  Ozanne  moved  to  table ; 

Which  was  carried. 

The  Convention  adjourned  to  meet  to-morrow  morning  at  9 
o'clock. 

T.  P.  Sears, 

Secretary.  1 


597 


ONE  HUNDREDTH  DAY. 

Jackson,  Miss.,  Friday  May  1st,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alcorn,  Alderson,  Ballard,  Barry, 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chap- 
pell,  Clarke,  Combash,  Conle}^,  Dowd,  Drane,  Elliott  John, 
:  Fawn,  Field,  Gibbs,  Hand}%  Hauser,  Herbert,  Holland,  Howe, 
Hutto,  Jacobs,  Jamison,  Johnson  S..  Johnson  A.,  Lack,  Law- 
son,  Leas,  Leonard,  Mayson  Mask,  Musgrove,  Moore,  Morgan, 
I  Myers,  Mygatt,  McKee,  McKnight,  Newsom,  Niles,  Orr,  Ozanne, 
;  Parsons  F.,  Pej'-ton  E.  A.,  Quinn,  Powell,  Railshack,  Richard- 
:  son,  Smith,  Stewart,  Stites,  Stovall,  Stiles,  Toy,  Warren,  Weir, 
Wooclmansee,  and  Yeoman — 64. 

The  following  delegates  were  absent: 

Messrs.  Beam,  Collins,  Cunningham,  Elliott  James,  Fitzhugh, 
!  Jones,  Kerr,  Miles,  Neilson,  Nelms,  Parsons  J.  R.,  Peyton  E.  G., 
Raine}^,  Stringer,  Walker,  and  Williams — 16. 

Journal  of  yesterday  read  and  approved. 

Leaves  of  absence  were  granted,  to  Mr.  John  Elliott  for  five 
days;  to  Mr.  Cunningham  for  one  da}^ 

The  committee  on  Enrollment  made  the  following  report: 

To  the  President  and  Members  of  Constitutional  Convention: 

Your  committee  on  Enrollment  having  examined  the  follow- 
ing ordinances,  to-wit: 
An  ordinance  in  relation  to  Printing,  passed  April  29,  1868; 
An  ordinance  in  relation  to  Judgments  and  Decrees  of  courts, 
passed  April  29,  1868; 

An  ordinance  in  relation  to  Escheats,  passed  April  28,  1868; 
Have  instructed  me  to  report  that  they  find  them  correctly 
I  enrolled. 

Very  respectfully, 

James  Weir, 
Chairman. 

Report  received. 

,  The  following  report  from  the  committee  of  Five  on  Ratifica- 
tion of  the  Constitution,  was  submitted: 

To  the  President  and  31 embers  of  Constitutional  Convention  : 

Your  committee  who  were  appointed  to  confer  with  the  Gen- 
i  eral  Commanding  the  Fourth  Military  District,  beg  leave  to 
i  submit  the  following  report: 

It  is  his  opinion  that  if  the  Convention  imposes  any  restric- 
cjtions  on  electors,  other  than  those  embraced  in  the  Reconstruc- 


598 


tion  Acts,  it  must  provide  for  a  separate  election  for  State 
officers;  he  has  no  authority  for  ordering  such  an  election,  at 
the  same  time  he  will  not  interfere  if  the  Convention  sees 
proper  to  provide  for  a  separate  election. 

The  General  will  appoint  his  Registrars  an  order  the  election 
in  strict  accordance  with  the  Reconstruction  Acts. 

If  the  Convention  sees  proper  or  deems  it  necessary,  it  can 
appoint  Commissioners  to  attend  the  election,  and  be  present 
at  the  counting  of  the  votes. 

He  also  states  that  thirty-five  days  after  the  adjournment  of 
the  Convention,  will  give  him  time  sufficient  to  order  and  hold 
the  election.  Thinks  it  would  be  advisable  to  have  the  time  for 
holding  the  election  so  arranged  as  to  begin  on  Monday. 

W.  H.  Gibbs, 

Chairman. 
A.  S.  Dowd. 

Report  received. 

Mr.  Stovall  offered  the  following : 

Whereas,  W.  L  Hemmingway,  late  a  member  of  this  Con- 
vention, has  uniformly  advocated  reconstruction  of  this  State 
under  the  reconstruction  laws  of  Congress,  and  did  openly  and 
publicly  declare  such  sentiments,  thereby  inducing  very  many 
persons  white  and  black  to  vote  for  the  calling  of  this  Conven- 
tion, and  there  being  good  reasons  for  believing  that  he  will 
vote  for  the  ratification  of  the  Constitution;  therefore,  be  it 

Resolved,  That  this  Convention  recommend  that  the  disabili- 
ties of  the  aforesaid  W.  L.  Hemmingway  be  removed  by  the 
Congress  of  the  United  States. 

Mr.  Clarke  moved  to  refer  to  the  committee  on  Removal  of 
Disabilities; 

Which  was  lost. 

Mr.  Castello  offered  the  following  amendment,  which  was 
accepted  by  Mr.  Stovall : 

Provided,  He  recognizes  the  civil  and  political  equality  of 
all  men. 

Mr.  Holland  moved  to  table  the  resolution  and  amendment; 
Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Ballard,  Bonne^y,  Caldwell,  Chapman,  Clarke, 
Combash,  Drane,  Holland,  Johnson  A.,  Leonard,  May  son, 
Moore,  Newsom,  Powell,  Quinn,  Smith,  Stewart,  Toy,  Warren, 
Weir,  and  Yeoman — 21. 

Nays — Messrs.  Alderson,  Brinson,  Castello,  Chappell,  Conley, 
Elliott  John,  Fawn,  Gibbs,  Howe,  Hutto,  Jacobs,  Johnson  S. 
Lack,  Lawson,  Leas,  Mask,  Musgrove,  Myers,  McKee 
Niles,  Ozanne,  Parsons  F.,  Rails  back,  Richardson,  Stites, 
Stovall,  Stiles— 27. 

Mr.  Warren  moved  to  defer  further  action  until  the  report  of 
the  committee  on  the  Removal  of  Disabilities  be  taken  up  for 
consideration;  wrhich  was  carried. 

The  ordinance  relating  to  relief  from  illegal  tax  sales  and 
forfeirure  of  property  for  taxes,  introduced  yesterday  by  Mr. 
Castello,  was  taken  up,  and  passed  its  first  reading. 


599 


The  ordinance  relating  to  contracts,  debts,  etc.,  created 
between  the  time  of  the  passage  of  the  ordinance  of  secession 
and  the  surrender  of  the  so-called  Confederate  Army,  declaring 
the  illegality  of  the  same,  introduced  by  Mr.  Ozanne  yesterday, 
was  taken  up  and  passed  its  first  reading. 

And  the  section  introduced  by  Mr.  Castello  yesterday,  in 
reference  to  contracts,  judgments,  securities,  mortgages  or 
conveyances  predicated  upon  the  hire  or  sale  of  slaves,  and 
declaring  the  same  null  and  void,  was  read  and  passed  its  first- 
reading. 

Mr.  R&ilsback  presented  the  following  ordinance: 
Be  it  ordained  by  the  people  of  the  State  of  Mississippi,  in 
Convention  assembled,,  That  the  boundary  lines  of  Pontotoc 
county,  in  said  State,  be  and  the  same  are  hereby  changed  as 
follows,  to-wit:  The  south  line  of  the  said  county  of  Pontotoc 
be  extended  due  east  three  miles;  thence  north,  parallel  with 
the  present  east  boundary  line  of  said  Pontotoc  county,  to  the 
north  line  of  Lee  county;  thence  west,  along  the  north  line  of 
said  Lee  count}",  to  the  northeast  corner  of  said  Pontotoc 
county. 

Be  it  further  ordained,,  That  the  territory  now  attached  to 
Lee  county,  included  and.  being  within  the  above  described 
survey,  shall  be  attached  to  Pontotoc  county  and  be  made  a 
portion  of  said  county. 

Be  it  further  ordained,  That  the  Legislature,  at  its  first 
session,  may  take  such  action  respecting  the  residue  of  said 
Lee  county  as  may  be  deemed  by  them. advisable. 

Mr.  Ozanne  moved  to  suspend  the  rules  and  put  the  ordi- 
nance on  its  first  reading; 

"Which  was  carried. 

And  the  ordinance  passed  its  first  reading. 
Mr.  Ozanne  moved  to  suspend  the  rules  and  put  the  ordi- 
nance upon  its  second  reading; 
Which  was  carried. 

And  the  ordinance  passed  its  second  reading, 
Mr.  Ozanne  moved  to  suspend  the  rules  and  put  the  ordi- 
nance upon  its  third  reading; 
Which  was  carried. 

And  the  ordinance  passed  its  third  reading,  and  was  re- 
ferred to  the  committee  on  Enrollment,  and  reads  as  follows; 

IX  ORDINANCE  PASSED  MAY  1,  A.  D.  1868,  BY  TEE  MISSISSIPPI  CON- 
STITUTIONAL CONVENTION,  CHANGING  THE  BOUNDARY  LINES  OF 
PONTOTOC   COUNTY,  AND  FOR  OTHER  PURPOSES. 

Be  it  ordained  by  the  people  of  the  Sto.te  of  Mississippi,  in 
Convention  assembled,  That  the  boundary  lines  of  Pontotoc 
county  in  said  State,  be  and  the  same  are  hereby  changed  as 
follows,  to-wit:  The  south  line  of  the  said  county  of  Pontotoc 
be  extended  due  east  three  miles;  thence  north,  parallel  with 
the  present  east  boundary  line  of  said  Pontotoc  county,  to 
the  north  line  of  Lee  county;  thence  west,  along  the  north 


600 


line  of  said  Lee  county,  to  the  northeast  corner  of  said  Pon- 
toc  county. 

And  be  it  further  ordained,  That  the  territory  now  attached 
to  Lee  county,  included  and  being  within  the  above  described 
survey,  shall  be  attached  to  Pontotoc  county,  and  be  made 
a  portion  of  said  county. 

Be  it  further  ordained,  That  the  Legislature,  at  its  first 
session,  may  take  such  action  respecting  the  residue  of  said 
Lee  county  as  may  be  deemed  by  them  advisable. 

Mr.  Chapman  offered  the  following: 

Resolved,  That  the  members  of  this  Convention  be  requested 
to  present,  in  writing,  to  the  committee  on  Contingent  Expen- 
ses, the  amount  of  money  they  have  paid  for  postage  during 
the  session,  and  that  the  committee  be  requested  to  report 
upon  the  same. 

Mr.  Warren  moved  to  table; 

Which  was  carried, by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Ballard,  Bany,  Brinson,  Castello, 
Ohappell,  Combash,  Conley,  Dowd,  Drane,  Elliott  John,  Fawn, 
Gibbs,  Hauser,  Holland,  Howe,  Hutto,  Jacobs,  Jamison,  John- 
son S.,  Lack,  Lawson,  Leas,  Mayson,  Mask,  Musgrove,  Moore, 
Morgan,  Myers,  Newsom,  Niles,  Orr,  Ozanne,  Parsons  F., 
Peyton  E.  A.,  Powell,  Eailsback,  Richardson,  Smith,  Stewart, 
Stiles,  Stites,  Toy,  Warren,  Weir,  Woodman  see,  Yeoman — 47, 

NAYS-Messrs.  Caldwell,  Chapman,  Quinn — 3. 

The  Convention  proceeded  to  the  consideration  of  the  Con- 
stitution  as  a  whole. 

Article  I,  being  the  Bill  of  Eights,  was  taken  up,  and  sec- 
tion 1  put  upon  its  final  passage. 

Mr.  Stiles  moved  that  the  Convention  go  into  Committee  of 
the  Whole  for  the  consideration  of  the  same; 

Which  was  lost. 

And  section  1  was  adopted,  and  reads  as  follows : 

Section  1.  All  persons  resident  in  the  State,  born  in  the 
United  States,  or  naturalized,  are  hereby  declared  citizens  of 
the  State  of  Mississippi. 

Section  2  was  adopted,  and  reads  as  follows : 

Sec.  2.  No  person  shall  be  deprived  of  life,  liberty,  or  prop- 
erty, except  by  due  process  of  law. 

Section  3  was  adopted,  and  reads  as  follows: 

Sec.  3..  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,'  unless  when  in  case  of  rebellion  or  invasion,  the 
public  safety  may  require  it. 

Section  4  was  adopted,  and  reads  as  follows : 

Sec.  4.  The  freedom  of  speech  and  of  the  press  shall  "be  held 
sacred;  and  in  all  indictments  for  libel,  the  jury  shall  deter- 
mine the  law  and  the  facts,  under  the  direction  of  the  Court. 
-Section  5  was  adopted,  and  reads  as  follows: 

Sec  5.  No  person's  life  or  liberty  shall  be  twice  placed  itk 
jeopardy  for  the  same  offense. 

Section  6  was  adopted,  and  reads  as  follows  i 


601 


Sec.  6.  The  right  of  the  people,  peaceably  to  assemble,  and 
petition  the  government  on  any  subject,  shall  never  be  impaired. 

Section  7  was  adopted,  and  reads  as  follows: 

Sec.  7.  In  all  criminal  prosecutions,  the  accused  shall  have  a 
right  to  be  heard  by  himself  or  counsel,  or  both;  to  demand 
the  nature  and  cause  of  the  accusation;  to  be  confronted  by 
the  witnesses  against  him;  to  have  a  compulsory  process 
for  obtaining  witnesses  in  his  favor,  and  in  all  prosecutions, 
by  indictment  or  information,  a  speedy  and  public  trial,  by  an 
impartial  juiy  of  the  county  where  the  offense  was  committed: 
and  he  shall  not  be  compelled  to  give  evidence  against  himself. 

Section  8  was  adopted,  and  reads  as  follows: 
Sec.  8.  Cruel  or  unusual  punishment  shall  not  be  inflicted,  nor 
shall  excessive  fines  be  imposed;  excessive  bail  shall  not  be  re- 
quired, and  all  persons  shall,  before  conviction,  be  bailable  by 
sufficient  sureties,  except  for  capital  offenses,  when  the  proof 
is  evident,  or  presumption  great. 

Section  9  was  adopted,  and  reads  as  follows: 

Sec.  9.  No  ex  post  facto  law  or  laws  .impairing  the  obliga- 
tion of  contracts,  shall  ever  be  passed. 

Section  10  was  adopted,  and  reads  as  follows: 

Sec.  10.  Private  property  shall  not  be  taken  for  public  use, 
except  upon  due,  compensation  first  being  made  to  the  owner  or 
owners  thereof,  in  a  manner  to  be  provided  for  by  law. 

Section  11  was  adopted,  and  reads  as  follows: 

Sec.  11.  There  shall  be  no  imprisonment  for  debt,  except  in 
cases  in  which  the  debt  was  incurred  by  fraud,  or  in  which  the 
debtor  fraudulently  conceals  his  or  her  property. 

Mr.  Niles  moved  to  go  into  Committee  of  the  Whole; 

Which  was  carried. 

And  after  certain  action  had  therein,  the  committee  rose,  and 
through  their  chairman,  Mr.  Weir,  reported  progress. 

Mr.  Gibbs  moved  to  reconsider  the  vote  adopting  section  11. 
Mr.  Hauser  moved  to  table; 
Which  was  lost. 

And  the  motion  of  Mr.  Gibbs  was  carried. 
Mr.  Musgrove  moved  to  strike  out  all  after  the  word  "  debt," 
in  the  second  line; 
Which  was  carried. 

And  section  11  was  adopted,  as  amended,  and  reads  as  fol- 
lows: 

Sec.  11.  There  shall  be  no  imprisonment  for  debt. 
Section  12  was  adopted,  and  reads  as  follows : 
Sec.  12.  The  right  of  trial  by  jury  shall  remain  inviolate. 
Section  13  was  adopted,  and  reads  as  follows : 
Sec.  13.  No  property  qualification  shall  ever  be  required  of 
any  person  to  become  a  juror. 

Section  14  was  adopted,  and  reads  as  follows : 
Sec.  14.  The  people  shall  be  secure  in  their  persons,  houses, 
and  possessions,  from  unreasonable  seizure,  or  search,  and  no 
warrant  shall  be  issued  without  probable  cause,  supported  by 


602 


oath  or  affirmation,  specialty  designating  the   place   to  be 

searched,  and  the  person  or  thing  to  be  seized. 
Section  15  was  adopted,  and  reads  as  follows: 
Sec.  15.  All  persons  shall  have  a  right  to  keep  and  bear  arms 

for  their  defense. 

Section  16: 

Mr.  Mies  moved  to  go  into  Committee  of  the  Whole,  to  con- 
sider the  balance  of  the  report; 
Which  was  carried. 

And  after  certain  proceedings  had  therein,  the  committee 
rose,  and  through  their  chairman,  Mr.  Orr,  reported  section  16 
so  amended  as  to  read  as  follows,  and  recommended  its  adop- 
tion : 

Sec  16.  The  rights  of  married  women  shall  be  protected  by 
law  in  property  owned  previous  to  marriage,  and  also  in  all 
property  acquired  in  good  faith  by  purchase,  gift,  devise,  or 
bequest,  after  marriage;  Provided,  That  nothing  herein  con- 
tained, shall  be  so  construed  as  to  protect  said  property  from 
being  applied  to  the  payment  of  their  lawful  debts. 

Mr.  Morgan  moved  to  amend  by  way  of  ryder : 

Add  to  the  section  after  the  word  "  debts,"  the  words  "  and 
their  husband's  debts." 

Mr.  Chappell  moved  to  table; 

Which  was  carried. 

Mr.  Weir  moved  to  amend  by  way  of  ryder: 

Add  at  the  end  of  the  section  the  words  "  and  that  no  property 
of  any  description  whatever  shall  ever  be  sold  by  authority  of- 
any  decree  of  any  court,  or  under  authority  of  any  execution,  to 
enforce  the  pa}onent  of  any  debt  hereafter  contracted  by  any 
man  or  men." 

Which  was  laid  on  the  table. 

And  section  16,  as  amended  in  Committee  of  the  Whole,  was 
adopted,  and  reads  as  follows : 

Sec.  16.  The  rights  of  married  women  shall  be  protected  by 
law,  in  property  owned  previous  to  marriage  ;  and,  also  in  all 
property  acquired  in  good  faith,  by  purchase,  gift,  devise,  or 
bequest,  after  marriage;  Provided,  That  nothing  herein  con- 
tained shall  be  so  construed  as  to  protect  said  property  from 
being  applied  to  the  payment  of  their  lawful  debts. 
Section  17  was  adopted,  and  reads  as  follows: 
Sec.  18.  No  property  qualification  for  eligibility  to  office 
shall  ever  be  required. 

Section  18  was  adopted,  and  reads  as  follows : 
Sec.  18.  No  property  or  educational  qualification  shall  ever 
be  required  for  any  person  to  become  an  elector. 
Section  19  was  adopted,  and  reads  as  follows: 
Sec.  19.  There  shall  be  neither  slavery  nor  involuntary  ser- 
vitude in  this  State,  otherwise  than  in  the  punishment  of  crime, 
whereof  the  party  shall  have  been  duly  convicted. 
Section  20  was  adopted,  and  reads  as  follows : 
Sec.  20.  The  right  to  withdraw  from  the  Federal  Union,  on 
account  of  any  real  or  supposed  grievances,  shall  never  be  as- 


G03 


sumed  by  this  State,  nor  shall  any  law  be  passed  in  derogation 
of  the  paramount  allegiance  of  the  citizens  of  this  State  to  the 
government  of  the  United  States. 
Section  21 : 

Mr.  Weir  moved  to  amend  byway  of  rydcr: 
Add  to  the  end  of  the  section  the  words  "Provided,  That  this 
section  shall  not-  be  so  construed  as  to  apply  to  public  schools." 
Mr.  Jacobs  moved  to  table; 
Which  was  carried. 

Pending  further  consideration  of  section  21  of  the  Bill  of 
Rights,  the  Convention  adiourne.l  to  meet  at  3  o'clock  p.  m. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered, 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Bon- 
::ey.  Brinson.  Caldwell,  Castello,  Chapman,  Chappell,  Clarke, 
Combash,  Conley,  Elliott  John,  Fawn,  Field,  Gibbs,  Herbert,  Hol- 
land. Howe.  Hutto.  Jacobs,  Jamison.  Johnson  A..  Johnson  S., 
Lack,  Lawson.  Leonard,  Mayson,  Mask.  Musgrove,  Moore,  Mor- 
gan. Myers.  Mygatt.  MeKee,  Newsom,  Niles,  Orr,  Ozanne,  Par- 
sons F.,  Peyton  E.  A.,  Powell.  Quinn,  Railsback,  Richardson, 
Smith,  Stewart.  Stites.  Stiles.  Warren.  Weir,  and  Yeoman — 54. 

The  following  delegates  were  absent : 

Messrs.  Bridges,  Collins,  Cunningham,  Dowd,  Elliott  James, 
Fitzhugh.  Handy.  Hauser.  Jones,  Kerr.  Leas,  Miles.  McKnight, 
Neilson,  Parsons  J.  R.,  Peyton  E.  G.,  Rainey,  Stovall,  Stringer, 
Toy,  Walker.  Williams,  and  Woodmansee — 23. 

Leaves  of  absence  were  granted,  to  Mr.  J.  R.  Parsons  for  two 
days;  to  Mr.  Leas  for  two  days:  to  Mr.  Woodmansee  for  two 
days. 

The  Convention  resumed  the  consideration  of  section  21  of 
the  Bill  of  Rights. 

Mr.  Barry  moved  to  amend  by  way  of  ryder: 

Provided,  That  nothing  herein  contained  shall  be  so  con- 
strued as  to  prevent  the  Legislature  from  appropriating  the 
school  fund  in  accordance  with  its  mode  of  establishing  public 
schools; 

Which  was  laid  on  the  table. 

Mr.  Weir  moved  to  adopt  the  section; 

And  the  previous  question  being  moved  and  sustained,  the 
section  was  adopted,  hy  the  following  vote : 

Yeas — Messrs.  Alcorn,  Barry,  Bonney,  Brinson,  Caldwell 
Castello,  Clarke,  Combash,  Drane,  Fawn,  Field,  Holland,  Jacobs 
Jamison,  Johnson  S.,  Johnson  A..  Lack.  Lawson,  Leonard 
Mayson,  Moore,  Morgan,  Myers.  Mygatt,  McKee,  Newsom 
Peyton  E.  A..  Powell,  Quinn,  Richardson,  Smith,  Stewart,  Stiles 
Weir,  and  Yeoman — 35. 

Nays — Messrs.  Chapman,  Conley,  Elliott  John,  Gibbs,  Her- 


604 


bert,  Howe,  Hutto,  Mask,  Musgrove,  Ozanne,  Parsons  F.,  Rails- 
back,  Stiles,  and  Warren — 14. 

Mr.  Barry  moved  to  reconsider  the  vote  just  taken; 

Which  was  carried. 

Mr.  Musgrove  moved  to  go  into  Committee  of  the  Whole  for 
the  further  consideration  of  section  21. 
Mr.  Jacobs  moved  to  table; 
Which  was  lost. 

And  the  motion  to  go  into  Committee  of  the  Whole  prevailed. 

Committee  rose  and  through  their  chairman,  Mr.  Orr,  re- 
ported back  section  21,  amended  to  read  as  follows: 

Sec.  21.  No  public  money  or  moneys  shall  be  appropriated 
for  any  charitable  institution  in  this  State,  making  any  distinc- 
tion among  the  citizens  thereof. 

And  recommended  its  adoption. 

Mr.  McKee  moved  to  receive. 

Pending  action  upon  the  same,  the  Convention  adjourned  to 
meet  to-morrow  morning  at  9  o'clock. 

T.  P.  Sears, 

Secretary. 


ONE  HUNDRED  AND  FIRST  DAY. 

Jackson,  Miss.,  Saturday,  May  2d,  1868. 

Convention  met  pursuant  to  adjournment. 
Praj'er  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Clarke, 
Chappell,  Combash,  Conley/Cunningham,  Dowd,  Drane,  Fawn, 
Fitzhugh,  Gibbs,  Hauser,  Holland,  Howe,  Hutto,  Jacobs, 
Jamison,  Johnson  S.,  Johnson  A.,  Lack,  Lawson,  Leonard, 
Mayson,  Mask,  Moore,  Morgan,  Myers,  Mygatt,  McKee,  Niles, 
Orr,  Ozanne,  Parsons  F,.  Parsons  J.  R.,  Peyton  E.  A .,  Powell, 
Quinn.  Railsback,  Richardson,  Stewart,  Stites,  Stovall,  Stringer, 
Toy,  Weir,  and  Yeoman — 56. 

The  following  delegates  were  absent: 

Messrs.  Beam,  Collins,  Elliott  John,  Elliott  James,  Field, 
Hand}^,  Herbert,  Jones,  Kerr,  Leas,  Musgrove,  McKnight, 
Miles,  Neilson,  Nelms,  Newsom,  Peyton  E.  G.,  Rainey,  Smith, 
Stiles,  Walker,  Warren,  Williams,  and  Woodmansee — 24. 

Journal  of  yesterday  read  and  approved. 

Leave  of  absence  was  granted  to  Mr.  Warren  for  one  day. 

The  committee  on  Enrollment  reported  as  follows : 


605 


Mr.  President  :  Your  committee  on  Enrollment  have  exam  - 
ined  the  following  ordinances,  and  find  them  correctly  enrolled, 
to-wit : 

An  ordinance  changing  the  boundary  line  of  Pontotoc  county 
and  for  other  purposes,  passed  May  1st,  1868;  and  an  ordinance 
passed  April  30th,  1868,  supplemental  to  an  ordinance  passed 
April  6th,  1868,  defining  the  boundary  line  between  Coahoma 
and  Tunica  counties  and  for  other  purposes,  and  have  instruct- 
ed me  to  report  that  they  have  found  the  same  correctly  en- 
rolled. 

James  Weir, 

Chairman. 

Report  received. 

The  committee  on  Contingent  Expenses  reported  as  follows : 
Mr.  President  :    The  committee  on  Contingent  Expenses,  to 
whom  was  referred  the  annexed  bills,  would  respectfully  report 
that  they  believe  said  bills  to  be  correct,  and  would  recommend 
they  be  allowed. 

Respectfully, 

U.   Ozanne,  Chairman. 
Jehiel  Railsback, 
John  C.  Brinson, 

Of  Committee. 

Jackson,  Miss.,  April  30th,  1868. 


Mississippi  Constitutional  Conven tion , 

To  the  Journal  Office,  Dr. 

To  5,510  copies  Daily  State  Journal,  for  the  month  of 

April,  at  five  cents  per  copy   $275  50 


I  certify  that  the  above  account  is  correct,  and  that  the 
papers  charged  for  were  received  by  me  and  distributed  among 
the  members  of  the  Convention. 

Nelson  G.  Gill, 

Sergeant- at- Arms. 


Jackson,  Miss.,  May  1st,  1868, 

Constitutional  •  Convention,  State  of  Mississippi, 

To  Jackson  Gas  Light  Company,  Dr. 

To  Gas  consumed  during  the  month  of  April,  A.  D. 

1868:  6,000  cubic  feet,  at  $8  00  per  1000   $48  00 

•Canton,  Miss.,  April  28,  1868, 

Mississippi  Constitutional  Convention, 

To  Geo.  Moorman,  Dr. 

To  amount  paid  for  printing  official  laws  of  Convention 
to  assist  in  collection  of  taxes,  etc.,  300  copies. ....  .$18  00 


606 

Jackson,  Miss.,  April  30,  1868. 

State  of  Mississippi, 

To  Tas well  Jones,  Dr. 

To  services  performed  as  porter  to  Constitutional  Con- 
vention from  the  10th  to  the  30th  of  April  inclusive, 

twenty-one  days  @  $2  50  per  day  $52  50 

I  certify  that  the  above  account  is  correct. 

Nelson  G.  Gill, 

Sergeant- at- Arms. 

Report  received. 

Mr.  Ozanne  moved  to  suspend  the  rules  to  take  action  on 
the  report; 

Which  was  carried. 

Mr.  Ozanne  moved  to  adopt  the  report,  and  on  that  motion 
moved  the  previous  question; 
Which  was  not  sustained. 
And  the  subject  lies  over. 

Mr.  Morgan  moved  to  suspend  the  rules  to  take  up  the  order 
of  the  day ; 

Which  was  carried. 

Mr.  Barry  moved  to  reconsider  the  vote  adopting  section  1 
of  the  Bill  of  Rights  ; 
Which  was  carried. 

Mr.  Barry  moved  to  amend  by  way  of  ryder,  as  follows : 

All  persons,  resident  in  this  State,  citizens  of  the  United 
States,  are  hereby  declared  citizens  of  the  State  of  Mississippi. 

And  the  section,  as  amended  was  adopted. 

The  unfinished  business  was  taken  up,  being  section  21  of  the 
Bill  of  Rights,  as  reported  back  from  the  Committee  of  the 
Whole  yesterday; 

Mr.  Jacobs  moved  to  go  into  the  Committee  of  the  Whole 
for  the  further  consideration  of  the  section; 

Which  was  carried. 

The  committee  rose,  and  through  their  chairman,  Mr.  Weir, 
reported  no  quorum  present  in  the  Committee  of  the  Whole. 

Upon  a  call  of  the  Convention,  a  quorum  was  found  to  be 
present. 

Mr.  Morgan  moved  to  go  into  the  Committee  of  the  Whole ; 
Which  was  carried. 

And  after  certain  action  had  therein,  the  committee  rose,  and 
through  their  chairman,  Mr.  Orr,  reported  progress,  and  asked 
leave  to  sit  again. 

Report  received. 

Mr.  Chappell  moved  to  suspend  the  rules,  so  that  when  the 
Convention  adjourns  it  be  to  meet  Monday  at  9  a.  m.; 
.  Which  was  lost. 
The  Convention  adjourned  to  meet  at  3  p.  m. 


GOT 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard.  Barry, 
Bonney,  Bridges,  Brinson,  Castello,  Chapman,  Clarke,  Combash, 
Conley,  Dowd,  Fitzhugh,  Gibbs,  Hauser,  Holland.  Howe,  Hutto, 
Jacobs,  Johnson  S.,  Johnson  A.,  Lack,  Leonard,  Mayson,  Mask, 
Moore,  Morgan,  Myers,  Mygatt,  McKee,  Newsom,  Niles,  Orr, 
Parsons  F.,  Parsons  J.  E,,  Powell,  Quinn,  Railsback,  Richardson, 
Stewart,  Stovall,  Stringer,  Stiles,  Toy,  Weir,  and  Yeoman — 48. 

The  following  delegates  were  absent: 

Messrs.  Beam,  Caldwell,  Chappell,  Collins,  Cunningham. 
Drane,  Elliott  John,  Elliott  James,  Fawn,  Field,  Handy,  Her- 
bert, Jamison,  Jones,  Kerr,  Lawson,  Leas,  Musgrove,  Miles, 
McKnight,  Neilson,  Nelms,  Ozanne,  Peyton  E.  A.,  Peyton  E.  G., 
Eainey,  Smith,  Stites,  Walker,  Warren,  Williams,  and  Wood- 
man see — 32. 

Under  a  suspension  of  the  rules,  the  account  of  Taswell 
Jones,  presented  this  morning,  was  allowed  and  a  warrant 
ordered  to  be  drawn  in  payment  thereof. 

Under  a  further  suspension  of  the  rules,  Mr.  Railsback  pre- 
sented the  following : 

Resolved,  That  a  committee  of  three  be  appointed  to  investi- 
gate the  account  of  the  Sheriff  of  Noxubee  county,  and  report 
to  this  Convention  respecting  the  excess,  if  any,  paid  to  the 
State  Treasurer  by  said  Sheriff,  over  and  above  the  tax  levied 
by  this  Convention. 

Mr.  Fitzhugh  moved  to  go  into  Committee  of  the  Whole  for 
the  further  consideration  of  section  21; 

Which  was  lost. 

Mr.  Stiles  moved  to  adjourn; 

Which  was  lost. 

The  motion  to  receive  the  report  of  the  Committee  of  the 
Whole,  pending  on  adjournment  last  evening,  was  carried. 
Mr.  Jacobs  moved  to  go  into  Committee  of  the  Whole. 
Mr.  Fitzhugh  moved  to  table  ; 
Which  was  carried. 

Mr.  Stringer  offered  the  following  by  way  of  ryder,  as  an 
amendment  to  section  21 : 

"  Provided,  That  nothing  herein  contained  shall  be  so  con- 
strued as  to  prevent  the  Legislature  from  appropriating  the 
School  Fund  in  accordance  with  the  article  in  this  Constitution 
relating  to  public  schools." 

Mr.  Jacobs  moved  to  table; 

Which  was  lost. 

Mr.  Alderson  moved  to  indefinitely  postpone  section  21  and 
amendment  thereto. 

Mr.  Jacobs  moved  to  table;  which  was  lost. 

And  the  motion  to  postpone  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Niles,  and  Orr — 3. 


608 


Nays — Messrs.  Alcorn,  Bonne}',  Bridges,  Brinson,  Castello, 
Chapman,  Clarke,  Combash,  Conley,  Dowel,  Fitzhugh,  Gibbs, 
Hauser,  Holland,  Howe,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A., 
Lack,  Leonard,  Mayson,  Mask,  Moore,  Morgan,  Myers,  Mygatt, 
McKee,  Newsom,  Parsons  F.,  Parsons  J.  R.,  Ozanne,  Powell, 
Railsback,  Richardson,  Stewart,  Stovall,  Stringer,  Stiles,  Toy, 
Weir,  and  Yeoman — 42. 

Mr.  Fitzhngh  moved  the  previous  question ; 

Which  was  sustained. 

And  the  amendment  of  Mr.  Stringer,  by  way  of  ryder,  was 
adopted,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Bonney,  Bridges,  Brinson,  Castello, 
Chapman,  Chappell,  Clarke,  Combash,  Conley,  Gibbs,  Hauser, 
Holland,  Hutto,  Johnson  S.,  Johnson  A.,  Lack,  Leonard, 
Mask,  Moore,  Myers,  Mygatt,  McKee,  Newsom,  Niles,  Parsons 
F.,  Parsons  J.  R.,  Powell,  Railsback,  Stewart,  Stovall,  Strin- 
ger, Stiles,  Toy,  Weir,  Yeoman — 37. 

Nays — Messrs.  Alderson,  Fitzhugh,  Howe,  Jacobs,  Mayson, 
Morgan,  Orr,  Richardson — 8. 

And  section  21  was  adopted,  as  amended,  by  the  following 
vote : 

Yeas— Messrs.  Alcorn,  Barry,  Bonney,  Bridges,  Brinson, 
Castello,  Chapman,  Chappell,  Clarke,  Combash,  Fitzhugh, 
Gibbs,  Hauser,  Holland,  Johnson  S.,  Johnson  A.,  Lack,  Leon- 
ard, Mayson,  Moore,  Morgan,  Myers,  Mygatt,  McKee,  New- 
som,  Parsons  F.,  Parsons  J.  R.,  Powell,  Railsback,  Stewart, 
Stovall,  Stringer,  Toy,  Weir,  Yeoman — 35. 

Nays — Messrs.  Alderson,  Conle}^  Dowd,  Howe,  Hutto 
Jacobs,  Mask,  Niles,  Orr,  Richardson,  Stiles — 11. 

The  section  reads  as  follows : 

Sec.  21.  No  public  money  or  moneys  shall  be  appropriated  for 
charitable  or  other  public  institutions  in  this  State,  making  any 
distinction  among  the  citizens  thereof ;  Provided,  That  nothing 
herein  contained  shall  be  so  construed  as  to  prevent  the  Legis- 
lature  from  appropriating  the  school  fund  in  accordance  with 
the  article  in  this  Constitution  relating  to  public  schools. 

Section  22 : 

Mr.  Conley  moved  to  go  into  Committee  of  the  Whole,  to 
consider  section  22 ; 
Which  was  lost. 

Mr.  Fitzhugh  moved  to  adjourn ; 
Which  was  lost. 

Mr.  F.  Parsons  moved  to  go  into  Committee  of  the  Whole; 
Which  was  carried. 

And  after  certain  proceedings  had  therein,  the  committee 
rose,  and  through  their  chairman,  Mr.  Orr,  reported  section  22? 
so  amended,  as  to  read  as  follows : 

Sec.  22.  No  distinction  shall  ever  be  made  by  law  between 
citizens  and  alien  friends  in  reference  to  the  possession,  enjoy- 
ment  or  descent  of  property;  and  recommended  its  adoption. 

The  report  was  agreed  to; 

And  section  22  was  adopted,  and  reads  as  follows \ 


609 


Sec.  22.  No  distinction  shall  ever  be  made  hy  law  between 
citizens  and  alien  friends  in  reference  to  the  possession,  enjoy- 
ment or  descent  of  propertjr. 

Mr.  Stovall  moved  to  adjourn; 

Which  was  lost. 

Section  23  was  adopted,  and  reads  as  follows : 
Sec  23.  No  religions  test  as  a  qualification  for  office  shall 
ever  be  required,  and  no  preference  shall  ever  be  given  by  law 
to  any  religious  sect  or  mode  of  worship,  but  the  free  enjoy- 
ment of  all  religious  sentiments  and  the  different  modes  of  wor- 
ship shall  ever  be  held  sacred;  Provided,  The  rights  hereby 
secured,  shall  not  be  construed  to  justiiy  acts  of  licentiousness 
injurious  to  morals  or  dangerous  to  the  peace  and  safety  of 
the  State. 

Section  24  was  adopted,  and  reads  as  follows : 
Sec.  25.  The  right  of  all  citizens  to  travel  upon  public  con- 
veyances shall  not  be  infringed  upon,  nor  in  any  manner 
abridgedin  this  State. 
Section  25  was  adopted,  and  reads  as  follows : 
Sec.  25.  The  military  shall  be  in  strict  subordination  to  the 
civil  power. 

Section  26  was  adopted,  and  reads  as  follows : 

Sec.  27.  Treason  against  the  State  shall  consist  only  in 

lev3dng  war  against  the  same,  or  in  adhering  to  its  enemies. 

giving  them  aid  and  comfort.    No  person  shall  be  convicted 

of  treason,  unless  on  the  testimony  of  two  witnesses  to  the 

same  overt  act,  or  on  confession  in  open  court. 
Section  27 : 

Mr.  Castello  moved  to  go  into  the  Committee  of  the  Whole; 
Which  was  laid  on  the  table. 

Mr.  F.  Parsons  moved  to  amend  section  27,  by  striking  out 
all  after  the  word  "  dueling,"  in  the  second  and  third  line. 
Mr.  Gibbs  moved  to  adjourn; 
Which  was  lost. 

And  under  the  operation  of  the  previous  question,  moved 
by  Mr.  Hauser,  was  sustained, 

The  amendment  of  Mr.  Parsons  was  lost; 

And  section  27  was  lost;  no  quorum  voting. 

Convention  adjourned  to  meet  Monday  morning,  at  9  o'clock. 

T.  P.  Sears, 
Secretary. 


ONE  HUNDRED  AND  SECOND  DAY. 

Jackson,  Miss.,  Monday,  May  4th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 
C— 39 


610 


Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Bridges,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke,  Coni- 
bash,  Conle}%  Cunningham,  Dowd,  Fitzhugh,  Gibbs,  Handy, 
Hauser,  Holland,  Hutto,  Jacobs,  Jamison,  Joh.  son  S.,  Johnson 
A.,  Lack,  Lawson,  Leas,  Leonard,  Mayson,  Mask,  Moore,  Mor- 
gan, Myers,  Mygatt,  McKee,  Newsoni,  Niles,  Orr,  Ozanne, 
Parsons  F.,  Parsons  J.  E.,  Peyton  E.  A.,  Powell,  Quinn,  Rails- 
back,  Richardson,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy, 
Warren,  Weir,  Williams,  and  Yeoman — 57. 

The  following  delegates  were  absent: 

Messrs.  Beam,  Bonney,  Brinson,  Collins,  Drane,  Elliott  John, 
Elliott  Jas.,  Fawn,  Field,  Herbert,  Howe,  Jones,  Kerr,  Mns- 
grove,  Miles,  McKnight,  Neilson,  Nelms,  Peyton  E.  G.,  Rainey, 
Smith,  Walker,  and  Woodniansee — 23. 

Journal  of  Saturday  was  read  and  approved. 

Leaves  of  absence*  were  granted  to  Mr.  Drane,  from  day  to 
day ;  to  Mr.  McKnight,  one  day;  to  Mr.  Fawn,  from  day  to  day. 

The  rules  were  suspended  to  take  up  the  order  of  the  day. 

The  twentj^-seventh  section  of  the  Bill  of  Rights  was  taken 
up. 

And  Mr.  F.  Parsons  offered  the  following  as  a  ryder: 
Strike  out  all  after  the  word  "  dueling,"  in  second  and  third 
lines. 

Which  was  adopted. 

Mr.  Castello  offered  the  following  as  an  amendment,  by  way 
of  ryder: 

And  any  person  who  shall  hereafter  fight  a  duel  or  assist  in 
the  same,  as  second,  or  send,  accept,  or  knowingly  carry  a 
challenge  therefor,  or  go  out  of  the  State  to  fight  a  duel,  shall 
be  disqualified  from  holding  any  office  under  this  Constitution, 
.and  shall  forever  be  disfranchised  in  this  State. 

Mr.  F.  Parsons  moved  the  previous  question, 

Which  was  sustained: 

And  the  ryder  was  adopted. 

And  the  section  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Sec.  27.  No  person's  life  shall  be  periled  by  the  practice  of 
dueling,  and  any  person  who  shall  hereafter  fight  a  duel,  or 
assist  in  the  same,  as  second,  or  send,  accept,  or  knowingly 
carry  a  challenge  therefor,  or  go  out  of  the  State  to  fight  a  duel, 
shall  be  disqualified  from  holding  any  office  under  this  Consti- 
tution, and  shall  forever  be  disfranchised  in  this  State. 
Section  28  was  adopted,  and  reads  as  follows: 
Sec.  28.  All  courts  shall  be  open,  and  every  person,  for  an 
injury  done  him  in  his  lands,  goods,  person,  or  reputation,  shall 
have  remedy  by  due  course  of  law,  and  right  and  justice  ad- 
ministered without  sale,  denial  or  delay. 

Section  29  was  adopted,  and  reads  as  follows :  * 

Sec,  29.  No  person  shall  ever  be  elected  or  appointed  to  any 


611 


office  in  this  State  for  life  or  during  good  behavior,  but  the  term 

of  all  offices  shall  be  for  some  specified  period. 
Section  30  was  adopted,  and  reads  as  follows: 
Sec.  30.  Xo  person  shall  be  debarred  from  prosecuting  or 

defending  any  civil  cause  for  or  against  him  or  herself,  before 

any  tribunal  in  this  State,  by  him  or  herself,  or  counsel  or 

both. 

Section  31 : 

Mr.  Alderson  moved  to  strike  out  the  "  twentieth  and  twen- 
ty-first lines.'" 

Mr.  Hauser  moved  to  table; 
Which  was  carried. 

Mr.  Weir  moved  to  strike  out  all  after  the  word  ••peace."  in 
the  17th  line. 

Mr.  Castello  moved  to  table; 
Which  was  carried. 

Mr.  Hauser  moved  the  previous  question; 
Which  was  sustained. 

And  section  31  was  adopted,  and  reads  as  follows: 
Sec.  31.  Xo  person,  for  any  indictable  offense,  shall  be  pro- 
ceeded against  criminally  by  information,  except  in  cases  arising 
in  the  lancl  or  naval  forces,  or  the  militia  when  in  actual  service, 
or  by  leave  of  the  court,  for  misdemeanor  in  office;  Provided. 
That  the  Legislature  in  cases  of  petit  larceny,  assaults,  assault 
and  battery,  affray,  riot,  unlawful  assembly,  drunkenness, 
vagrancy,  and  other  misdemeanors  of  like  character,  may  dis- 
pense with  an  inquest  of  a  grand  jury  and  may  authorize  pros- 
ecutions before  Justices  of  the  Peace,  or  such  other  inferior 
court  or  courts  as  may  be  established  by  the  Legislature,  and 
the  proceedings  in  such  cases  shall  be  regulated  by  law. 
Section  32  was  adopted,  and  reads  as  follows: 
Sec.  32.  The  enumeration  of  rights  in  this  Constitution  shall 
not  be  construed  to  deny  or  impair  others  retained  by  and 
inherent  in  the  people. 

The  preamble  was  adopted,  and  reads  as  follows: 

PREAMBLE. 

To  the  end  that  justice  be  established,  public  order  main- 
tained, and  liberty  perpetuated,  we.  the  people  of  the  State  of 
Mississippi,  grateful  to  Almighty  God  for  the  free  exercise  of 
the  right  to  choose  our  own  form  of  G-overnment,  do  ordain 
this  Constitution. 

Mr.  Alderson  moved  to  reconsider  the  vote  adopting  sec- 
tion 27. 

Mr.  Castello  moved  to  lay  on  the  table; 
Which  was  carried. 

And  the  Bill  of  Rights  was  adopted  as  a  whole,  and  referred 
to  the  committee  on  Enrollment. 

Article  II  of  the  Constitution.  Defining  the  Boundaries  of  the 
State,  was  read,  and  passed  its  first  reading. 


612 


The  rules  were  suspended,  and  the  article  put  upon  its  sec- 
ond reading. 

Mr.  Morgan  offered,  the  following  rycler : 

The  limits  and  boundaries  of  the  State  of  Mississippi  shall 
remain  as  now  established  by  law; 

Which  was  adopted. 

And  the  section  as  amended,  was  adopted. 
Mr.  Clarke  moved  to  suspend  the  rules  and  put  the  article  on 
its  third  reading; 
Which  was  carried. 

And  the  article  passed  its  third  reading,  and  reads  as  follows: 
ARTICLE  II. 

The  limits  and  boundaries  of  the  State  of  Mississippi  shall 
remain  as  now  established  by  law. 

And  the  article  was  referred  to  the  committee  on  Enrollment. 

Article  III,  Distribution  of  Powers,  was  read  the  first  time. 

Mr.  Clarke  moved  to  suspend  the  rules,  and  put  the  article 
on  its  second  reading  ; 

Which  was  carried. 

Mr.  Orr  moved  to  strike  out,  and  insert  the  following  as 
article  III: 

DISTRIBUTION  OF  POWERS. 

Section  1.  The  Powers  of  Government  of  the  State  of 
Mississippi  shall  be  divided  into  three  distinct  departments, 
and  each  of  them  confided  to  a  separate  magistracy,  to  wit: 
Those  which  are  legislative  to  one,  those  which  are  judicial  to 
another,  and  those  which  are  executive  to  another. 

Sec.  2.  No  person,  or  collection  of  persons,  being  of  one  of 
these  departments,  shall  exercise  any  power  belonging  to 
either  of  the  other,  except  in  instances  hereinafter  expressly 
directed  or  permitted. 

Mr.  Hauser  moved  to  table ; 

Which  was  lost. 

Previous  question  called,  and  call  sustained, 

And  the  amendment,  by  way  of  ryder,  offered  by  Mr.  Orr7 
was  adopted. 

And  article  III  was  adopted  as  amended. 

Rules  suspended,  and  the  article  put  upon  its  third  reading, 
and  passed. 

The  article  reading  as  above,  was  refered  to  Committee  on 
Enrollment. 

The  President  appointed  the  following  named  delegates  as  a 
committee  to  investigate  the  amount  paid  into  the  State  Trea- 
sury by  the  Sheriff  of  Noxubee  county,  in  the  way  of  warrants 
of  this  Convention,  in  liquidation  of  Convention  taxes  for  said 
county,  in  accordance  with  a  resolution  offered  by  Mr.  Rails- 
hack,  on  the  3d  inst. 

Messrs.  Railsback,  Niles?  and  Hutto. 


613 


Article  IV  of  the  Constitution  coming  up  for  final  action,  be- 
ing- Legislative  Department. 

Section  1  was  adopted,  and  reads  as  follows: 

Section  1.  The  Legislative  power  of  this  State  shall  be  vested 
in  the  Legislature,  which  shall  consist  of  a  Senate  and  House 
of  Bepresentatives. 

Section  2  was  adopted,  and  reads  as  follows : 

Sec.  2.  The  House  of  Representatives  shall  consist  of  mem- 
bers to  be  chosen  every  second  year  by  the  qualified  electors 
of  the  several  counties. 

Section  3  was  adopted,  and  reads  as  follows : 

Sec.  3.  Xo  person  shall  be  a  member  of  the  House  of  Eepre- 
sentatives who  shall  not  be  an  elector  under  this  Constitution ; 
and  who  shall  not,  at  the  time  of  his  election,  have  an  actual 
residence  in  the  district  he  may  be  chosen  to  represent, 

Section  4  was  adpoted.  and  reads  as  follows : 

Sec  4.  The  Senate  shall  consist  of  members  to  be  chosen 
every  four  years  by  the  qualified  electors  of  the  several  dis- 
tricts. 

Section  5  was  adopted,  and  reads  as  follows: 

Sec.  5.  Xo  person  shall  be  a  Senator  who  shall  not  have  at- 
tained the  age  of  twenty-five  years,  who  shall  not  have  been  an 
inhabitant  of  the  State  one  year,  and  who  shall  not  have  an 
actual  residence  in  the  district  he  may  be  chosen  to  represent. 

Section  6: 

Mr.  Conlev  moved  to  go  into  Committee  of  the  Whole,  for 
the  consideration  of  the  same ; 
TVhich  was  lost. 

By  unanimous  consent,  the  words  "  after  first  Monday,"  were 
inserted  after  "  day,"  in  the  fifth  line. 

And  section  6  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Sec.  6.  The  political  year  shall  begin  on  the  first  Monday  of 
January,  and  the  Legislature  shall  meet  annually,  on  the  first 
Tuesday  after  the  first  Monday  in  January,  at  the  seat  of  gov- 
ernment, unless  sooner  convened  by  the  Governor,  until  altered 
by  law. 

Section  7  was  adopted,  and  reads  as  follows: 

Se€.  7.  All  general  elections  shall  be  by  ballot,  and  shall  com- 
mence and  be  holden  every  two  years,  on  the  first  Tuesday 
after  the  first  Monday  in  Xovember.  until  altered  by  law:  and 
the  electors,  in  all  cases,  except  in  cases  of  treason,  felony,  and 
breach  of  the  peace,  shall  be  privileged  from  arrest  during  their 
attendance  on  elections,  and  in  going  to  and  returning  there- 
from. 

Section  8: 

Mr.  Morgan  moved  to  amend,  by  way  of  ryder-. 

Add,  at  end  of  section,  the  words  -  as  shall  be  provided  by 

Which  was  carried. 

And  section  S  was  adopted,  as  amended,  by  way  of  ryder. 
and  reads  .as  follows: 


614 


Sec.  8.  Election  for  members  of  the  Legislature  shall  be 
held  in  the  several  counties  and  districts,  as  shall  be  provided 
by  law. 

Section  9  was  adopted,  and  reads  as  follows : 

Sec.  9.  The  Governor  shall  issue  writs  of  election  to  fill 
such  vacancies  as  may  occur  in  either  house  of  the  Legislature, 
and  the  persons  thereupon  chosen,  shall  hold  their  seats  for  the 
unexpired  term. 

Section  10: 

Mr.  Parsons,  of  Adams,  offered  the  following,  as  an  amend- 
ment, by  way  of  ryder : 

Provided,  That  this  section  shall  not  apply  to  Postmasters. 
A  motion  to  table  was  lost. 

Under  the  operation  of  the  previous  question,  moved  by  Mr. 
Hauser,  and  sustained,  the  ryder  submitted  by  Mr.  Parsons,  was 
lost. 

And  section  10  was  adopted,  and  reads  as  follows : 

Sec.  10.  No  person  holding  any  civil  office  of  profit  under 

this  State,  or  the  United  States,  shall,  during  his  continuance 

in  office,  be  a  Senator  or  Representative. 

Section  11  was  adopted,  and  reads  as  follows: 

Sec.  11.  Each  house  shall  appoint  its  own  officers,  and  shall 

judge  of  the  qualifications,  returns,  and  election  of  its  own 

members. 

Section  12  was  adopted,  and  reads  as  follows: 
Sec.  12.  The  Senate  shall  choose  a  President ^ro  tempore,  to 
act  in  the  absence  or  disabilit}^  of  the  Lieutenant  Governor. 
Section  13  was  adopted,  and  reads  as  follows : 
Sec.  13.  A  majority  of  each  house  shall  constitute  a  quorum 
to  do  business  ;  but  a  less  number  may  adjourn  from  day  to  da}r, 
and  compel  the  attendance  of  absent  members,  in  such  manner, 
and  under  such  penalties  as  each  house  shall  provide. 
Section  14  was  adopted,  and  reads  as  follows: 
Sec.  14.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  daj^s,  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting. 
Section  15  was  adopted,  and  reads  as  follows: 
Sec.  15.  Each  house  may  determine  rules  of  its  own  proceed- 
ings, punish  its  members  for  disorderly  behavior;  and  with 
the  concurrence  of  two-thirds  of  the  members  present,  expel  a 
member;  but  no  member  shall  be  expelled  a  second  time  for  the 
same  offense.    They  shall  each,  from  time  to  time,  publish  a 
journal  of  the  proceedings,  except  such  parts  as  may,  in  their 
opinion,  require  secresj^,  and  the  yeas  and  naj^s  on  any  question 
shall  be  entered  on  the  Journal,  at  the  request  of  one  tenth  of 
the  members  present;  Provided,  That  the  yeas  and  nays  shall 
always  be  entered  on  the  Journal  on  the  passage  of  a  bill 
appropriating  money. 

Section  16  was  adopted,  and  reads  as  follows : 
Sec.  16.  The  doors  of  each  house,  when  in  session,  or  in 
Committee  of  the  Whole,  shall  be  kept  open,  except  in  cases 
which  may  require  secrecj^ ;  and  each  house  may  punish,  by 


615 


fine  and  Imprisonment,  any  person  not  a  member,  who  shall  be 
guilty  of  disrespect  to  the  honse.  by  any  disorderly  or  con- 
temptuous behavior  in  their  presence,  or  in  any  way  disturb 
their  deliberations  during  the  session ;  but  such  imprisonment 
shall  not  extend  beyond  the  final  adjournment  of  that  session. 
Section  17 : 

Mr.  Gibbs  moved  to  go  into  Committee  of  the  Whole  for  the 
further  consideration  of  the  section; 
Which  was  carried. 

And  after  certain  action  had  therein,  the  committee  rose,  and 
through  their  chairman,  reported  section  17  so  amended  as  to 
read  as  follows,  and  recommended  its  adoption. 

Report  received  and  adopted, 

Section  17  reads  as  follows: 

Sec.  17.  No  person  liable  for  public  moneys  unaccounted  for 
shall  be  eligible  to  a  seat  in  either  house  of  the  Legislature,  or 
to  any  office  of  profit  or  trust,  until  he  shall  have  accounted  for 
and  paid  over  all  sums  for  which  he  may  have  been  liable. 

Section  18: 

Mr,  Niles  offered  the  following,  by  unanimous  consent,  a? 
a  substitute  for  section  18. 

Sec.  18.  No  person  shall  be  eligible  to  any  office  of  profit  or 
trust,  nor  shall  he  be  permitted  to  exercise  the  right  of  suffrage 
within  this  State,  who  shall  have  been  convicted  of  bribery, 
perjury,  or  other  infamous  crimes. 

The  substitute  for  the  section  as  submitted,  was  adopted, 
and  reads  as  above. 

Section  19  was  adopted,  as  reads  as  follows: 

Sec.  19.  Any  person  who  shall  have  been  convicted  of  giv- 
ing or  offering  directly  or  indirectly,  any  bribe  to  procure  his 
election  or  appointment,  and  any  person  who  shall  give  or  offer 
any  bribe  to  procure  the  election  or  appointment  of  an}'  person 
to  office,  shall,  on  conviction  thereof,  be  disqualified  from  being 
an  elector,  or  holding  any  office  of  profit  or  trust  under  the 
laws  of  this  State. 

Section  20  was  adopted,  and  reads  as  follows; 

Sec.  20.  Senators  and  Representatives  shall  in  all  cases,  ex- 
cept treason,  felony  or  breach  of  the  peace,  be  privileged  from 
arrest  during  the  session  of  the  Legislature,  and,  for  fifteen 
days  "before  the  commencement  and  after  the  termination  of 
each  session. 

Section  21  was  adopted,  and  reads  as  follows: 

Sec  21.  The  members  of  the  Legislature  s*hali  severally  re- 
ceive from  the  public  treasury  compensation  for  their  services, 
which  may  be  increased  or  diminished:  but  no  alteration  of 
■such  compensation  of  members  shall  take  effect  during  the 
session  at  which  it  is  made. 

Section  22  was  adopted,  and  reads  as  follows: 

Sec  22.  The  Legislature  shall  direct  by  law  in  what  courts 
and  in  what  manner  suits  may  be  brought  against  the  State, 

Section  23  was  adopted,  and  reads  as  follows : 

Sec  23.  The  Legislature  shall  not  have  power  to  pass  any 


616 


bill  of  divorce;  but  may  prescribe  by  law  the  manner  in  which 
cases  shall  be  investigated  in  the  courts  of  justice,  and  divorces 
granted. 

Section  24  was  adopted,  and  reads  as  follows : 
Sec.  24.  Bills  may  originate  in  either  house,  and  be  amended 
of  rejected  in  the  other;  and  every  bill  shall  be  read  on  three 
different  days,  in  each  house,  unless  two-thirds  of  the  house 
where  the  same  is  pending,  shall  dispense  with  the  rules;  and 
every  bill  having  passed  both  houses,  shall  be  signed  by  the 
President  of  the  Senate  and  Speaker  of  the  House  of  Kepre 
sentatives,  in  open  session. 

Section  25  was  adopted,  and  reads  as  follows: 
Sec.  25.  Every  bill  which  has  possed  both  houses,  shall  be 
presented  to  the  Governor  of  the  State.  If  he  approves,  he 
shall  sign  it,  but  if  he  does  not  approve,  he  shall  return  it  with 
his  objections,  to  the  house  in  which  it  originated,  who  shall 
enter  the  objections  at  large  upon  their  Journal,  and  proceed 
to  reconsider  it.  If,  after  such  reconsideration,  two-thirds  of 
that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent  with  the 
objections,  to  the  other  House,  by  which,  likewise,  it  shall  be 
reconsidered,  and  if  approved  by  two-thirds  of  that  House,  it 
shall  become  a  law;  but  in  all  such  cases  the  votes  of  both 
Houses  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  or  against  the  bill,  shall  be  entered 
on  the  Journal  of  each  house  respectively*  If  any  bill  shall 
not  be  returned  by  the  Governor  within  five  days  (Sunday  ex- 
cepted), after  it  has  been  presented  to  him,  it  shall  be  a  law  in 
like  manner  as  if  he  had  signed  it,  unless  the  Legislature,  b}^ 
adjournment,  prevented  its  return,  in  which  case  it  shall  be  a 
law,  unless  sent  back  within  three  days  after  its  next  meeting. 
Section  26  was  adopted,  and  reads  as  follows : 
Sec.  26.  Every  order,  resolution,  or  vote,  to  which  the  con- 
currence of  both  houses  may  be  necessary  (except  on  ques- 
tions of  adjournment),  shall  be  presented  to  the  Governor,  and 
before  it  shall  take  effect,  be  approved  by  him,  or  being  disap- 
proved, shall  be  repassed  by  two-thirds  of  both  houses,  accord- 
ing to  the  rules  of  limitation  prescribed  in  all  cases  of  a  bill. 

Section  27  was  adopted,  and  reads  as  follows: 

Sec  27.  No  money  shall  be  drawn  from  the  Treasury  except 
on  appropriation  made  by  law. 

Mr.  Gibbs  moved  to  go  into  Committee  of  the  Whole  to  con- 
sider section  28.  , 

Mr.  Clarke  moved  to  table  ; 

Which  was  lost. 

And  the  motion  of  Mr.  Gibbs  was  carried. 

And  after  certain  action  had  therein,  the  committee  rose^ 
and  through  their  chairman,  Mr.  Orr,  reported  section  28  to 
the  Convention  as  originally  printed,  and  recommended  its 
adoption. 

Pending  action  upon  the  report,  the  Convention  adjourned 
until  3  o'clock  p.  m. 


617 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn.  Ballard,  Barry, 
Bridges,  Brinson,  Caldwell,  Clarke,  Combash,  Conley,  Dowd. 
Gibbs,  Hauser,  Holland,  Hutto,  Jacobs,  Johnson  S.,  Lack. 
Lawson,  Leas,  Leonard,  Mask,  Moore,  Morgan,  McKee,  New- 
som,  Niles,  Ozanne,  Parsons  F.,  Parsons  J.  P.,  Peyton  E.  A.. 
Powell,  Richardson,  Stewart,  Stiles,  Stovall,  Stringer,  Stiles, 
Toy,  Warren,  Weir,  Williams,  and  Yeoman — 44. 

The  following  delegates  were  absent: 

Messrs.  Beam,  Chapman,  Chappell,  Collins,  Cunningham. 
Dowel,  Drane,  Elliott  John,  Elliott  James,  Fawn,  Field,  Fitz- 
hugh,  Hancly,  Herbert,  Howe,  Jamison.  Johnson  A.,  Jones, 
Kerr,  Mayson,  Musgrove,  Miles,  Myers,  Mygatt,  McKnight, 
Neilson,  Nelms,  Orr,  Pe37ton  E.  G.,  Quinn,  Railsback,  Rainey. 
Smith,  Walker,  and  Woodman  see — 35. 

The  consideration  of  section  28,  pending  on  adjournment, 
was  resumed. 

Mr.  F.  Parsons  moved  to  go  into  Committee  of  the  Whole  to 
consider  section  28:  which  was  lost. 

Mr.  Hauser  moved  the  previous  question, 
Which  was  sustained; 

And  section  28  was  adopted,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Barry,  Bonne}',  Bridges, 
Brinson,  Caldwell,  Clarke,  Dowd,  Hauser,  Holland,  Jacobs. 
Lack,  Leonard,  Mask,  Moore,  Morgan,  Myers,  Orr,  Ozanne, 
Parsons  J.  R.,  Powell,  Peyton  E.  A.,  Stewart,  Stites,  Stovall. 
Stringer,  To}T,  Warren,  Weir,  and  Williams — 31. 

Nats — Messrs.  Alderson,  Castello,  Conley,  Gibbs,  Hutto, 
Johnson  $.,  Lawson,  Leas,  Newsom,  Niles,  Parsons  F.,  Richard- 
son, Stiles,  and  Yeoman — 14. 

Mr.  Morgan  moved  to  reconsider  the  vote  just  taken. 

Mr.  Weir  moved  to  table  ;  which  was  lost. 

Mr.  Parsons  moved  the  previous  question; 

Which  was  sustained. 

And  under  the  operation  thereof,  the  motion  to  reconsider 
was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Ballard,  Bonney,  Caldwell,  Castello. 
Combash,  Conley,  Gibbs,  Handy,  Hauser,  Holland,  Hutto. 
Johnson  S.,  Johnson  A.,  Lawson,  Leas,  Leonard,  Mask,  Mor- 
gan, Myers,  Newsom,  Niles,  Parsons  F.,  Richardson,  Stiles. 
Stovall.  Stites,  Toy,  and  Yeoman — 30. 

Nats — Messrs.  Alcorn,  Barry,  Bridges,  Brinson,  Chapman. 
Dowd,  Lack,  Moore,  Orr,  Ozanne,  Parsons  J.  R.,  Peyton  E.  A., 
Powell.  Railsback,  Stewart,  Warren,  Weir,  and  Williams — 18. 

Mr.  Morgan  moved  to  go  into  Committee  of  the  Whole. 

Mr.  F.  Parsons  moved  the  previous  question. 

Which  was  sustained; 

And  the  motion  of  Mr.  Morgan  was  lost. 


618 


And  section  28  was  adopted,  by  the  following  vote : 
Yeas — Messrs.  Alcorn,    Barry,    Bonney,  Bridges,  Clarke, 
Dowd,  Hanser,   Holland,  Lack,  Mask,  Moore,   Myers,  Orr, 
Ozanne,  Peyton  E.  A.,  Parsons  J.  R.,  Powell,  Railsback,  Stew- 
art, Stringer,  Toy,  Warren,  Weir,  and  Williams — 24. 

Nays — Messrs.  Alderson,  Brinson,  Caldwell,  Castello,  Chap- 
man, Conley,  Gibbs,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A., 
Lawson,  Leas,  Leonard,  Morgan,  Newsom,  Mies,  Parsons  F., 
Richardson,  Stites,  Stovall,  Stiles,  andYeoman — 23. 

And  section  28  reads  as  follows: 

Sec.  28.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  but  two-thirds  of  all  the  members  must 
concur  therein.  All  impeachments  shall  be  tried  by  the  Senate, 
and  when  sitting  for  that  purpose,  the  Senators  shall  be  upon 
oath  or  affirmation  to  do  justice  according  to  law  and  evidence. 

Section  29  was  adopted,  and  reads  as  follows : 

Sec.  29.  The  Governor  and  all  other  civil  officers  under  this 
State,  shall  be  liable  to  impeachment  for  treason,  bribery,  or 
any  high  crime  or  misdemeanor  in  office. 

Section  30: 

Mr.  Mies  moved  to  add  by  way  of  ryder,  the  word  "  pre- 
sent" after  the  word  "  Senators,"  in  the  7th  line;" 
Which  was  carried. 

And  section  30  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Sec.  30.  When  the  Governor  shall  be  tried,  the  Chiel  Jus- 
tice of  the  Supreme  Court  shall  preside,  and  no  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  all  the 
Senators  present. 

Section  31  was  adopted,  and  reads  as  follows: 
Sec.  31.  Judgment  in  such  cases  shall  not  extend  farther 
than  removal  from  office,'  and  disqualification  to  hold  any  office 
of  honor,  trust,  or  profit  under  this  State;  but  the  party  con- 
victed shall  nevertheless  be  subject  to  indictment,  trial,  judg- 
ment, and  punishment  according  to  law. 

Section  32  was  adopted,  and  reads  as  follows : 
Sec  32.  For  reasonable  cause,  which  shall  not  be  sufficient 
ground  of  impeachment,  the  Governor  shall,  on  the  joint  ad- 
dress of  two-thirds  of  each  branch  of  the  Legislature,  remove 
from  office,  the  Judges  of  the  Supreme  and  inferior  courts; 
Provided,  The  cause  or  causes  of  removal  be  spread  on  the 
Journal,  and  the  party  charged  be  notified  of  the  same  before 
the  vote  is  finally  taken  and  decided,  and  shall  have  an  oppor- 
tunity to  be  heard  by  himself  or  counsel,  or  both. 
Section  33  was  adopted,  and  reads  as  follows : 
Sec  33.  The  style  of  the  laws  of  the  State  shall  be,  "  Be  it 
enacted  by  the  Legislature  of  the  State  of  Mississippi." 
Section  34  was  adopted,  and  reads  as  follows: 
Sec  34.  The  Legislature  shall  provide  for  the  enumeration 
of  the  whole  number  of  inhabitants,  and  of  the  qualified 
electors  of  the  State,  once  in  every  ten  years ;  and  the  first 


619 


enumeration  shall  be  ordered  at  the  first  meeting  of  the  Legis- 
lature under  this  Constitution. 

Section  35  was  adopted,  and  reads  as  follows: 
Sec.  35.  The  number  of  Representatives  shall,  at  the  several 
periods  of  making  such  enumeration,  be  apportioned  among 
the  several  counties,  or  districts,  according  to  the  number  of 
qualified  electors  in  each,  and  shall  not  be  less  than  one  hun- 
dred, nor  more  than  one  hundred  and  twenty. 
Section  36  was  adopted,  and  reads  as  follows: 
Sec.  36.  The  number  of  Senators  shall,  upon  each  enumera- 
tion made,  be  apportioned  according  to  the  number  of  qualified 
electors  in  the  several  districts,  and  shall  never  be  less  than 
one-fourth,  nor  more  than  one-third  the  whole  number  of  Rep- 
resentatives. 

Section  37  was  adopted,  and  reads  as  follows: 
Sec.  37.  The  Senators,  on  being  convened,  after  the  first 
election,  shall  be  divided  by  lot  from  their  respective  Con- 
gressional Districts,  into  two  classes,  as  nearly  equal  as  can  be, 
and  the  seats  of  the  first  class  shall  be  vacated  at  the  expira- 
tion of  the  second  year. 

Section  38  was  adopted,  and  reads  as  follows: 
Sec.  38.  The  Legislature  shall  provide  for  the  organization 
of  new  counties:  locating  county  seats,  and  changing  county 
lines:  but  no  county  shall  be  organized,  nor  the  lines  of  any 
county  changed  so  as  to  include  an  area  of  less  than  four  hun- 
dred, nor  more  than  six  hundred  and  twenty-five  square  miles. 
Section  39  was  adopted,  and  reads  as  follows : 
Sec  39.  Xo  Senator  or  Representative,  during  the  term  for 
whicii  he  was  elected,  shall  be  appointed  to  any  office  of  profit 
under  this  State,  which  shall  have  been  created,  or  the  emolu- 
ments of  which  have  been  increased  during  the  time  such 
Senator  or  Representative  was  in  office,  except  to  such  offices 
as  may  be  filled  by  an  election  of  the  people. 

Leaves  of  absence  were  granted  to  Mr.  Howe  for  lour  days;  to 
Mr.  Lack  for  four  days. 
Hr.  Stovall  moved  to  adjourn: 
Which  was  carried. 

The  Convention  adjourned  to  meet  to-morrow  morning  at  9 
o'clock. 

T.  P.  Seaks, 
Secretary. 


ONE  HUNDRED  AND  THIRD  DAY. 

Jackson,  Miss..  Tuesday,  May  5th.  186S. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 


620 


Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell,  Clarke. 
Combash,  Conley,  Dowd,  Drane,  Fawn,  Gibbs,  Handy,  Hauser, 
Holland,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A.,  Lawson,  Leas, 
Leonard,  Mayson,  Mask,  Moore,  Morgan,  M}Ters,  Mygatt, 
McKee,  Newsom,  Niles,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R,, 
Peyton  E.  A.,  Powell,  Quinn,  Railsback,  Richardson,  Stewart, 
Stiles,  Stovall,  Stringer,  Stites,  Toy,  Warren,  Weir,  Williams, 
and  Yeoman — 56. 

The  following  delegates  were  absent : 

Messrs.  Barry,  Beam,  Collins,  Cunningham,  Elliott  John, 
Elliott  James,  Field,  Fitzhugh,  Herbert,  Howe,  Jamison, 
Jones,  Kerr,  Lack,  Musgrove,  Miles,  McKnight,  Neilson, 
Nelms,  Peyton  E.  G.,  Rainey,  Smith,  Walker,  and  Woodman- 
see — 24. 

On  motion,  the  reading  of  the  Journal  was  dispensed  with. 

Leaves  of  absence  were  granted,  to  Mr.  Cunningham  for  one 
day;  to  Mr.  Musgrove  from  day  to  day;  to  Mr.  McKnight  for 
one  day. 

The  following  resolution  was  introduced  by  Mr.  Stovall: 
Resolved,  That  the  Sergeant-at-Arms  be  required  to  furnish 
ice  water  for  the  use  of  this  Convention  from  and  after  the 
passage  of  this  resolution,  until  the  same  adjourns; 
Which  was  adopted. 

Mr.  Clarke  moved  to  suspend  the  rules  and  take  up  the  reg- 
ular order  of  the  day; 
Which  was  carried. 

Mr.  Chappell  moved  to  reconsider  sections  11  and  12  of  Leg- 
islative Department; 

Which  was  laid  on  the  table. 

Mr.  E.  A.  Peyton  moved  to  reconsider  the  vote  adopting  sec- 
tion 10. 

Mr.  Hauser  moved  the  previous  question, 
Which  was  not  sustained; 
And  the  subject  lies  over. 

Mr.  Railsback  moved  to  reconsider  the  vote  adopting  sec- 
tion 28; 

Which  was  carried. 

Mr.  Railsback  moved  to  go  into  Committee  of  the  Whole  for 
the  further  consideration  of  the  same, 
Which  was  carried; 

And  after  certain  action  had  therein,  the  committee  rose  and 
through  their  chairman,  Mr.  McKee,  reported  section  .28  so 
amended  as  to  read  as  follows : 

Sec.  28.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  but  two-thirds  of  all  the  members  pres- 
ent must  concur  therein.  All  impeachments  shall  be  tried  by 
the  Senate,  and  when  sitting  for  that  purpose,  the  Senators 
shall  be  upon  oath  or  affirmation  to  do  justice  according  to 
law  and  evidence; 

And  recommended  its  adoption. 

Report  received  and  adopted,  by  the  following  vote : 


Yeas — Messrs.  Alderson,  Alcorn.  Ballard,  Bonney,  Bridges, 
Brinson,  Caldwell,  Castello,  Chapman.  Clarke,  Combash,  Con- 
ley.  Drane.  Fawn.  Fitzhugh,  Gibbs,  Handy,  Hauser,  Hutto, 
Jacobs,  Johnson  S..  Johnson  A.,  Lawson,  Leas,  Mask,  Moore, 
Morgan.  Mygatt.  McKee,  Newsom,  Nifes,  Ozanne,  PowelL 
Railsback,  Richardson.  Stewart,  Stiles,  Stovall,  Stringer,  Toy, 
Warren,  Williams,  and  Yeoman — 44. 

Nats — Messrs.  Barry,  Dowd,  Orr,  Parsons  J.  R.,  Peyton  E, 
A,,  and  Weir— 6. 

Mi\  Stringer  moved  to  suspend  the  rules  that  a  motion  might 
be  made  to  reconsider  section  10  ; 

Which  was  carried,  by  the  following  vote: 

Yeas — 'Messrs.  Alderson.  Alcorn,  Brinson,  Caldwell,  Clarke. 
Combash,  Drane,  Fawn.  Fitzhugh,  Gibbs,  Hand}',  Hauser, 
Jacobs,  Johnson  A.,  Lawson.  Leas,  Leonard,  Mayson.  Morgan, 
Myers.  Mygatt,  McKee,  Newsom,  Ozanne,  Parsons  J.  R.,  Pey- 
ton E.  A.,  Powell.  Stewart,  Stiles,  Toy.  Stringer,  Stiles,  Warren. 
Williams,  Yeoman — 35. 

Nats — Messrs.  Ballard,  Bridges.  Chapped.  Conley,  Dowd, 
Hutto.  Johnson  S.,  Mask.  Orr.  Railsback,  Richardson,  Stovall, 
Weir— 13. 

Mr.  Stringer  moved  to  reconsider  the  vote  adopting  section 
10. 

Mr.  Castello  moved  the  previous  question; 
Which  was  sustained; 

And  the  motion  to  reconsider  was  carried,  by  the  following 
vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney.  Caldwell, 
Brinson,  Castello,  Chapped.  Clarke,  Drane,  Fawn,  Fitzhugh, 
Hauser,  Jacobs,  Johnson  A.,  Leas,  Morgan,  Myers,  Mygatt, 
McKee,  Newsom,  Niles,  Ozanne.  Parsons  J.  R..  Peyton  E.  A., 
Powell,  Stewart,  Stringer,  Toy,  Stiles,  Stites,  Warren,  Williams, 
Yeoman — 34 

Nays — Messrs.  Ballard.  Bridges,  Conley.  Dowd.  Gibbs.  Hol- 
land, Hutto.  Johnson  S..  Lawson.  Mayson,  Mask,  Moore,  Orr, 
Railsback,  Richardson,  Stovall,  and  Weir — 17. 

Mr.  Stiles  moved  to  adopt  the  section. 

Mr.  Stringer  offered  the  following  by  way  of  ryder: 

Provided,  That  Revenue  Collectors,  Assessors,  Notaries  Pub- 
lic. Justices  of  the  Peace,  and  Postmasters,  shall  not  be 
affected  by  this  section. 

Mr.  Ozanne  moved  to  table  : 

Which  was  carried. 

Mr.  Alderson  moved  to  indefinitely  postpone  the  section. 
Mr.  Morgan  moved  to  go  into  Committee  of  the  Whole  for 
the  consideration  of  the  section; 
Which  was  lost. 

Mr.  Morgan  offered  the  following,  by  way  of  ryder: 
Provided^  That  officers  of  militia,  members  of  Boards  of 

County  Police,  Justices  of  the  Peace,  and  Postmasters,  shall  be 

exempt  from  the  operation  of  this  section. 
And  under  the  operation  of  the  previous  question,  moved  by 


622 


Mr.  Stringer,  and  sustained,  the  ryder  was  lost,  and  the  sec- 
tion was  lost. 

Mr.  Hauser  moved  the  adoption  of  the  article  on  the  Legis- 
lative Department  as  a  whole; 
Which  was  carried. 

Mr.  Castello  moved  that  it  be  referred  to  the  committee  on 
Enrollment; 

Which  was  carried. 

The  Convention  took  up  Article  IV,  of  the  Constitution, 
viz:    The  Executive,  upon  its  final  reading. 

Mr.  Alderson  offered  the  following  by  way  of  ryder  to  sec- 
tion 1 :  Add  in  the  fourth  line  after  the  word  "  years,"  the 
words  "and  shall  not  be  eligible  to  a  second  term  of  four 
years." 

Mr.  Hauser  moved  to  table; 
Which  was  carried. 

Mr.  Castello  moved  the  previous  question, 

Which  was  sustained; 

And  the  section  was  adopted. 

Mr.  Morgan  moved  to  reconsider; 

Mr.  Castello  moved  the  previous  question; 

Which  was  sustained. 

And  the  motion  to  reconsider  was  lost,  by  the  following  vote  : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Brinson, 
Caldwell,  Conley,  Drane,  Fitzhugh,  Holland,  Hutto,  Johnson 
S.,  Johnson  A.,  Mask,  Morgan,  Myers,  Mygatt,  Orr,  Peyton  E. 
A.,  Richardson,  Stewart,  Stites,  and  Stovall — 23. 

Nays — Messrs.  Ballard,  Bridges,  Castello,  Clarke,  Dowd, 
Fawn,  Gibbs,  Hauser,  Jacobs,  Lawson,  Leas,  Leonard,  Mayson, 
Moore,  McKee,  Ozanne,  Parsons  F.,  Powell,  Railsback,  String- 
er, Stiles,  Toy,  Warren,  and  Weir — 24. 

Section  1  was  adopted,  and  reads  as  follows: 

Section  1.  The  chief  executive  power  of  this  State  shall  be 
vested  in  a  Governor,  who  shall  hold  his  office  for  four  years. 

Section  2  was  adopted,  and  reads  as  follows: 

Sec.  2.  The  Governor  shall  be  elected  by  the  qualified  elec- 
tors of  the  State.  The  returns  of  every  election  for  Governor 
shall -be  sealed  up  and  transmitted  to  the  seat  of  government, 
directed  to  the  Secretary  of  State,  who  shall  deliver  them  to 
the  Speaker  of  the  House  of  Representatives  at  the  next 
ensuing  session  of  the  Legislature,  during  the  first  week  of 
which  session,  the  said  Speaker  shall  open  and  publish  them  in 
presence  of  both  houses  of  the  Legislature.  The  person  hav- 
ing the  highest  number  of  votes  shall  be  Governor,  but  if  two 
or  more  shall  be  equal  and  highest  in  votes,  then  one  of  them 
shall  be  chosen  Governor  by  the  joint  ballot  of  both  houses 
of  the  Legislature.  Contested  elections  for  Governor  shall  be 
determined  by  both  houses  of  the  Legislature  in  such  manner 
as  shall  be  prescribed  by  law. 

Section  3  was  adopted,  and  reads  as  follows: 

Sec.  3.  The  Governor  shall  be  at  least  thirty  years  of  age, 
and  shall  have  been  a  citizen  of  the  United  States  twenty  years; 


623 


shall  have  resided  in  this  State  two  years  next  preceding  the 
day  of  his  election. 

Section  4  was  adopted,  and  reads  as  follows: 

Sec.  4.  He  shall  receive  for  his  services  such  compensation 
as  shall  be  provided  by  law. 

Section  5  was  adopted,  and  reads  as  follows: 

Sec.  5.  He  shall  be  Commander-in-Chief  of  the  Army  and 
Navy  of  the  State,  and  of  the  Militia,  except  when  they  shall 
be  called  into  the  service  of  the  United  States. 

Section  6  was  adopted,  and  reads  as  follows : 

Sec.  6.  He  may  require  information,  in  writing,  from  the 
officers  in  the  Executive  Department,  on  any  subject  relating 
to  the  duties  of  their  respective  offices. 

Section  7]  was  adopted,  and  reads  as  follows : 

Sec.  7.  He  may.  in  cases  of  emergency,  convene  the  Legisla- 
ture at  the  seat  of  Government,  or  at  a  different  place,  if  that 
shall  have  become  dangerous  from  an  enemy,  or  from  disease: 
and  in  case  of  disagreement  between  the  two  houses  with 
respect  to  time  of  adjournment,  adjourn  them  to  such  time  as 
he  shall  think  proper,  not  beyond  the  day  of  the  next  stated 
meeting  of  the  Legislature. 

Section  8  was  adopted,  and  reads  as  follows: 

Sec  8.  He  shall,  from  time  to  time,  give  the  Legislature  in- 
formation of  the  state  of  the  Government,  and  recommend  to 
their  consideration  such  measures  as  he  may  deem  necessary 
and  expedient. 

Section  9  was  adopted,  and  reads  as  follows: 

Sec.  9.  It  shall  be  his  duty  to  see  that  the  laws  are  faith- 
fully executed. 

Section  10  was  adopted,  and  reads  as  follows: 

Sec  10.  In  all  criminal  and  penal  cases,  except  in  those  of 
treason  and  impeachment,  he  shall  have  power  to  grant  re- 
prieves and  pardons,  and  remit  fines,  and  in  cases  of  forfeiture 
to  stay  the  collection  until  the  end  of  the  next  session  of  the 
Legislature,  and  to  remit  forfeitures  by  and  with  the  consent  of 
the  Senate.  In  cases  of  treason  he  shall  have  power  to  grant 
reprieves  by  and  with  the  consent  of  the  Senate,  but  may  re- 
spite the  sentence  until  the  end  of  the  next  session  of  the  Leg- 
islature. 

Section  11  was  adopted,  and  reads  as  follows: 
Sec  11.  There  shall  be  a  seal  of  the  State  kept  by  the  Gov- 
ernor, and  used  by  him  officially,  and  be  called  the  Great  Seal  of 
the  State  of  Mississippi. 

Section  12  was  adopted,  and  reads  as  follows : 
Sec  12.  All  commissions  shall  be  in  the  name  and  by  the 
authority  of  the  State  of  Mississippi,  be  sealed  with  the  Great 
Seal  of  State,  and  signed  by  the  Governor,  and  be  attested  by 
the  Secretary  of  State. 

Section  13  was  adopted,  and  reads  as  follows: 
Sec  13.  All  vacancies  not  provided  for  in  this  Constitution, 
shall  be  filled  in  such  manner  as  the  Legislature  may  prescribe. 
Section  14  was  adopted,  and  reads  as  follows  : 


624 


Sec.  14.  There  shall  be  a  Lieutenant  Governor,  who  shall  be 
elected  at  the  same  time,  in  the  same  manner,  and  for  the  same 
term,  and  shall  possess  the  same  qualifications  as  the  Governor. 
Section  15  was  adopted,  and  reads  as  follows: 
Sec.  15.  He  shall,  by  virtue  of  his  office,  be  President  of  the 
Senate.    In  Committee  of  the  Whole,  he  may  debate  on  all 
questions,  and  when  there  is  an  equal  division  in  the  Senate, 
or  on  a  joint  vote  of  both  Houses,  he  shall  give  the  casting  vote. 
Section  16  was  adopted,  and  reads  as  follows : 
Sec.  16.  He  shall  receive  for  his  services  such  compen- 
sation a  3  may  be  provided  by  law. 
Section  17: 

Mr.  Morgan  offered  the  following  by  way  of  ryder: 
Provided,  The  Legislature  shall  have  power  in  case  of  the 
death  or  resignation  of  the  Governor,  to  order  a  new  election. 
Mr.  Warren  moved  to  table; 
Which  was  carried. 

And  section  17  was  adopted,  and  reads  as  follows: 
Sec.  17.  When  the  office  of  Governor  shall  become 
vacant  by  death  or  otherwise,  the  Lieutenant  Governor  shall 
possess  the  powers  and  discharge  the  duties  of  said  office,  and 
receive  the  same  compensation  as  the  Governor,  during  the 
remainder  of  the  said  term.  When  the  Governor  shall  be 
absent  from  the  State,  or  unable,  from  protracted  illness,  to 
perform  the  duties  of  his  office,  the  Lieutenant  Governor  shall 
discharge  the  duties  of  said  office,  and  receive  said  compensa- 
tion until  the  Governor  be  able  to  resume  his  duties;  but  if, 
from  disability,  or  otherwise,  the  Lieutenant  Governor  shall  be 
incapable  of  performing  said  duties,  or  if  he  be  absent  from 
the  State,  the  President  of  the  Senate  pro  tempore  shall  act  in 
Iris  stead;  but  if  there  be  no  such  President,  or  if  he  be  dis- 
qualified by  like  disability,  or  be  absent  from  the  State,  then 
the  Speaker  of  the  House  of  Representatives  shall  assume  the 
office  of  Governor  and  perform  said  duties,  and  receive  the 
same  compensation  as  the  Governor;  and  in  case  of  the  inability 
of  the  foregoing  officers  to  discharge  the  duties  of  Governor, 
the  Secretary  of  State  shall  convene  the  Senate  to  elect  a 
President  pro  tempore. 

Section  18  was  adopted,  and  reads  as  follows: 
Sec.  18.  In  case  the  election  for  Lieutenant  Governor  shall 
be  contested,  it  shall  be  decided  in  the  same  manner  as  that  of 
the  Governor. 

Section  19  was  adopted,  and  reads  as  follows: 
Sec.  19.  The  Secretary  of  State  shall  be  elected  by  the  qual- 
ified electors  of  the  State;  shall  be  at  least  twenty  five  years  of 
age  and  a  citizen  of  the  State  one  year  next  preceding  the  day 
of  his  election,  and  shall  continue  in  office  during  the  term  of 
four  years;  he  shall  keep  a  correct  register  of  all  the  official 
acts-and  proceedings  of  the  Governor,  and  shall,  when  required," 
lay  the  same  and  all  papers,  minutes  and  vouchers  relative  there  - 
to,  before  the  Legislature,  and  shall  perform  such  other  duties 
as  may  be  required  of  him  by  law. 


625 


Section  20  was  adopted,  and  reads  as  follows: 
Sec.  20.  A  State  Treasurer,  and  Auditor  of  Public  Account- 
shall  be  elected  by  the  qualified  electors  of  the  State,  who  shall 
hold  their  offices  for  the  term  of  four  years,  unless  sooner 
removed,  and  shall  possess  the  same  qualifications  as  the  Sec- 
retary of  State,  and.  together  with  the  last  named  officer,  shall 
receive  such  compensation  as  may  be  provided  by  law. 
Section  21  was  adopted,  and  reads  as  follows: 
Sec.  21.  A  Sheriff,  Coroner,  Treasurer,  Assessor,  and  Survey- 
or shall  be  elected  in  each  county  by  the  qualified  electors 
thereof,  who  shall  hold  their  offices  for  two  years,  unless  sooner 
removed. 

Section  22  was  adopted,  and  reads  as  follows : 

Sec.  22.  All  officers  named  in  this  article  shall  hold  their 
offices  during  the  term  for  which  the}T  were  elected,  unless 
removed  hy  impeachment  or  otherwise,  and  until  their  succes- 
sors shall  be  duly  qualified  to  enter  on  the  discharge  of  their 
separate  duties, 

Mr.  Castello  moved  to  adopt  Article  V,  as  a  whole,  and  refer 
the  same  to  committee  on  Enrollment, 

Mr.  Morgan  moved  to  table;  which  was  lost. 

And  the  motion  of  Mr.  Castello  was  carried. 

Article  YI,  being  the  Judiciary,  was  taken  up  upon  its  final 
passage,  and  section  1  was  adopted,  and  reads  as  follows : 

Sec.  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court,  and  such  other  courts  of  law  and  equity  as  are 
hereafter  provided  for  in  this  Constitution. 

Section  2: 

Mr.  Hauser  moved  to  amend  by  way  of  ryder:  Strike  out  all 
after  the  word  "  quorum,"  in  the  seventh  line. 

Mr.  Railsback  moved  to  table;  which  was  carried. 

Mr.  Railsback  moved  to  go  into  Committee  of  the  Whole  to 
consider  section  2; 

Which  was  carried; 

And  after  certain  action  had  therein,  the  committee  rose,  and 
through  their  chairman,  Mr.  Weir,  reported  no  quorum. 
The  Convention  adjourned  to  meet  at  3  o'clock  p.  m. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  rnswered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Barry,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Clarke,  Conley, 
Dowd,  Drane,  Fawn,  Gibbs,  Hauser,  Holland,  Hutto,  Jamison, 
Johnson  S.,  Johnson  A.,  Lawson,  Leas,  Leonard,  Mayson. 
Mask,  Moore,  Morgan,  Myers,  Mygatt,  McKee,  Niles,  Ozanne. 
Parsons  F.,  Peyton  E.  A.,  Powell,  Railsback,  Richardson, 
Stewart,  Stites,  "Stovall,  Stringer,  Toy,  Warren,  Williams,  Yeo- 
man— 47. 

The  following  delegates  were  absent: 
C-40 


626 


Messrs.  Ballard,  Beam,  Chappell,  Collins,  Combash,  Cun- 
ningham, Elliott  John,  Elliott  James,  Field,  Fitzhugh,  Handy, 
Herbert,  Howe,  Jacobs,  'Jones,  Kerr,  Lack,  Musgrove,  Miles, 
McKnight,  Neilson,  Nelms,  Newsom,  Orr,  Parsons  J.  R., 
Peyton  E.  G.,  Quinn,  Rainey,  Smith,  Stiles,  Walker,  Weir, 
Woodmansee — 33. 

Mr.  Alderson  moved  to  go  into  a  Committee  of  the  Whole  to 
take  into  consideration  section  2,  of  the  Judiciary. 

Mr.  Castello  moved  to  table; 

Which  was  carried. 

Mr.  McKee  moved  the  previous  question; 
Which  was  sastained. 

And  section  2  was  adopted,  and  reads  as  follows  : 
Sec.  2.  The  Supreme  Court  shall  consist  of  three  Judges, 
who  shall  be  appointed  by  the  Governor,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  any  two  of  whom,  when  con- 
vened, shall  form  a  quorum.  The  Legislature  shall  divide  the 
State  into  three  Districts,  and  the  Governor,  by  and  with  the 
advice  and  consent  of  the  Senate,  shall  appoint  one  Judge  for 
each  district. 

Section  3  was  adopted,  and  reads  as  follows : 
Sec.  3.  The  office  of  one  of  said  Judges  shall  be  vacated  in 
three  years,  one  in  six  years,  and  one  in  nine  years,  so  that  at 
the  expiration  of  every  three  years  one  of  said  Judges  shall  be 
appointed  as  aforesaid.  The  term  of  office  of  the  Judges  of 
the  Supreme  Court  shall  be  nine  years. 

Section  4  was  ad-opted,  and  reads  as  follows : 
Sec.  4.  The  Supreme  Court  shall  have  no  jurisdiction  but 
such  as  properly  belongs  to  a  Supreme  Court. 
Section  5  was  adopted,  and  reads  as  follows : 
Sec.  5.  All  vacancies  which  may  occur  in  said  court,  from 
death,  resignation,  or  removal,  shall  be  filled  by  appointment, 
as  aforesaid;  Provided,  however,  That  if  a  vacancy  shall  occur 
during  the  recess  of  the  Legislature,  the  Governor  shall  ap- 
point a  successor,  who  shall  hold  his  office  until  the  next  meet- 
ing of  the  Legislature. 
Section  6: 

Mr.  Alderson  moved  to  strike  out  all  after  the  word  "  State," 
in  the  eighth  line; 
Which  was  carried. 

And  section  6  was  adopted  as  amended,  and  reads  as  follows: 
Sec.  6.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  Supreme  Court  who  shall  not  have  attained  the  age  of 
thirty  years  at  the  time  of  his  appointment,  and  who  shall  not 
have  been  for  two  years  immediately  preceding,  a  citizen  qf  the 
State. 

Section  7  was  adopted,  and  reads  as  follows: 

Sec.  7.  The  Supreme  Court  shall  be  held  twice  in  each  year, 
at  the  seat  of  Government,  at  such  times  as  the  Legislature 
may  prescribe. 

Section  8  was  adopted,  and  reads  as  follows : 

Sec.  8.  Immediately  upon  the  first  appointment  of  Judges, 


627 


as  aforesaid,  the  Governor,  in  the  presence  of,  and  with  the 
assistance  of  the  President  of  the  Senate  and  Secretary  of 
State,  shall  determine  by  lot,  which  of  said  'Judges  shall  serve 
for  the  term  of  three  years,  and  which  shall  serve  for  the  term 
of  six  years,  and  which  shall  serve  for  the  term  of  nine  years ; 
and  it  shall  be  the  duty  of  the  Governor  to  issue  commissions 
accordingly. 

Section  9  was  adopted,  and  reads  as  follows : 

Sec.  9.  No  Judge  of  said  Court  shall  sit  on  the  trial  of  any 
cause  where  the  parties,  or  either  of  them,  shall  be  connected 
with  him  by  affinity  or  consanguinity,  or  where  he  may  be  inter- 
ested in  the  same,  except  by  the  consent  of  the  Judges  and  oi 
the  parties,  and  whenever  a  quorum  of  said  Court  are  situated 
as  aforesaid,  the  Governor  of  the  State  shall,  in  such  cases, 
specially  commission  two  or  more  men  of  law  knowledge,  for 
the  determination  thereof. 

Section  10  was  adopted,  and  reads  as  follows: 

Sec.  10.  The  Judges  of  said  Court  shall  receive  for  their 
services  a  compensation  to  be  fixed  by  law,  which  shall  not  be 
diminished  during  their  continuance  in  office. 

Section  11  was  adopted,  and  reads  as  follows: 

Sec.  11.  The  Judges  of  the  Circuit  Court  shall  be  appointed 
by  the  Governor,  with  the  advice  and  consent  of  the  Senate, 
and  shall  hold  their  office  for  the  term  of  six  years. 

Section  12: 

Mr  Warren  offered  the  following  by  way  of  ryder: 
Strike  out  all  after  the  word  "  State,"  in  the  seventh  line; 
Which  was  carried. 

And  section  12  was  adopted  as  amended,  and  reads  as  follows : 
Sec.  12.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  Circuit  Court  who  shall  not,  at  the  time  of  his  appointment, 
have  attained  the  age  of  twenty-six  years,  and  shall  have  been 
two  years  a  citizen  of  the  State. 
Section  13 . 

Mr.  Hauser  offered  the  following  by  way  of  ryder: 
Strike  out  all  after  the  word  "districts,"  in  the  third  line. 
Mr.  Castello  moved  the  previous  question; 
Which  was  sustained. 

And  the  motion  of  Mr.  Hauser  was  carried. 
And  section  13  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Sec.  13.  The  State  shall  be  divided  into  convenient  Judicial 
Districts. 

Section  14  was  adopted,  and  reads  as  follows: 
Sec:  14.  Circuit  Courts  shall  have  original  jurisdiction  in  all 
matters, 'civil  and  criminal,  within  this  State;  but  in  civil  cases 
only,  when  the  principal  of  the  amount  in  controversy  exceeds 
one  hundred  and  fifty  dollars. 

Section  15  was  adopted,  and  reads  as  follows: 
Sec  15.  A  Circuit  Court  shall  be  held  at  least  twice  in  each 
year,  and  the  Judges  of  said  Courts  may  interchange  Circuits 
with  each  other,  in  such  manner  as  may  be  prescribed  by  law, 


628 


and  shall  receive  for  their  services  a  compensation  to  be  fixed 
by  law,  which  shall  not  be  diminished  during  their  continuance 
in  office. 

Section  16  was  adopted,  and  reads  as  follows: 

Sec.  16.  Chancery  Courts  shall  be  established  in  each  county 
in  the  State,  with  full  jurisdiction  in  all  matters  of  equity,  and  of 
divorce  and  alimony;  in  matters  testamentary,  and  of  adminis- 
tration in  minor's  business,  and  allotment  of  dower,  and  in 
cases  of  idiocy,  lunacy,  and  persons  non  compos  mentis. 

Section  17  was  adopted,  and  reads  as  follows: 
Sec.  17.  The  Legislature  shall  divide  the  State  into  a  conven- 
ient number  of  Chancery  Districts,  to  be  composed  of  not 
more  than  four  counties.  Chancellors  shall  be  appointed  in  the 
same  manner  as  the  Judges  of  the  Circuit  Courts.  Their  quali- 
fications shall  be  regulated  by  law,  and  they  shall  hold  their 
office  for  the  term  of  four  years.  They  shall  hold  a  court  in 
each  county  at  least  four  times  in  each  year,  and  shall  receive 
such  compensation  as  may  be  provided  by  law. 

Section  18  was  adopted,  and  reads  as  follows : 

Sec.  18.  The  style  of  all  process  shall  be,  "  The  State  of  Mis- 
sissippi," and  all  prosecutions  shall  be  carried  on  in  the  name 
and  by  the  authority  of  "  The  State  of  Mississippi,"  and  shall 
conclude  "  against  the  peace  and  dignity  of  the  same." 

Section  19  was  adopted,  and  reads  as  follows : 

Sec.  19.  The  Clerk  of  the  Supreme  Court  shall  be  appointed 
by  said  court,  for  the  term  of  four  years;  and  the  Clerk  of  the 
Circuit  Court  and  the  Clerk  of  the  Chancery  Court  shall  be 
elected  by  the  qualified  voters  of  their  several  counties,  and 
shall  hold  their  office  for  the  term  of  four  years;  and  the  Legis- 
lature shall  provide  by  law,  what  duties  shall  be  performed  by 
the  Clerks  of  the  Circuit  and  Chancery  Courts  during  vacation, 
subject  to  the  approval  of  the  court. 
'  Section  20: 

Mr.  McKee  moved  the  previous  question; 

Which  was  sustained. 

And  section  20  was  lost. 

And  section  21  was  lost. 

Section  22: 

Mr.  Castello  moved  to  go  into  Committee  of  the  Whole 
to  consider  the  section ; 
Which  was  carried. 

And  after  certain  action  had  therein,  the  committee  rose, 
and  through  their  chairman,  Mr.  Alderson,  reported  section  22 
so  amended  as  to  read  as  follows: 

Sec  22.  Judges  of  the  courts  of  this  State,  and  all  other 
civil  officers,  shall,  by  virtue  of  their  office,  be  conservators  of 
the  peace,  and  shall  be  hy  law,  vested  with  ample  powers  in 
that  respect. 

And  recommend  its  passage. 

Mr.  Morgan  moved  to  receive  the  report  and  adopt  the  same. 
On  a  division  of  the  question,  the  motion  to  receive  was 
carried ; 


629 


And  so  much  as  related  to  adopting  the  report  was  carried. 
Section  23  was  adopted,  and  reads  as  follows : 
Sec.  23.  A  competent  number  of  Justices  of  the  Peace  and 
Constables  shall  be  chosen  in  each  county,  by  the  qualified 
electors  thereof,  by  districts,  who  shall  hold  their  office  for  the 
term  of  two  years.  The  jurisdiction  of  Justice  of  the  Peace 
sball  be  limited  to  causes  in  which  the  principal  of  the  amount 
in  controversy  shall  not  exceed  the  sum  of  one  hundred  and 
fifty  dollars.  In  all  causes  tried  by  a  Justices  of  the  Peace, 
the  right  of  appeal  shall  be  secured,  under  such  rules  and  reg- 
ulations as  shall  be  prescribed  by  law. 

Section  24  was  adopted,  and  reads  as  follows: 
Sec.  24.  The  Legislature  shall  from  time  to  time,  establish 
such  other  inferior  courts  as  may  be  necessary,  and  abolish  the 
same  whenever  they  shall  deem  it  expedient 
Section  25  was  adopted,  and  reads  as  follows: 
Sec.  25.  There  shall  be  an  Attorney  General  elected  by  the 
qualified  electors  of  the  State,  and  a  competent  number  of 
District  Attorneys  shall  be  elected  by  the  qualified  electors  of 
the  respective  districts,  whose  term  of  service  shall  be  four 
years,  and  whose  duties  and  compensation  shall  be  prescribed 
by  law; 

Section  26  was  adopted,  and  reads  as  follows: 
Sec.  26.  The  Legislature  shall  provide  by  law,  for  determin- 
ing contested  elections. 

Section  27  was  adopted,  and  reads  as  follows : 
Sec.  27.  Clerks,  Sheriffs,  and  other  count}'  officers,  for  wil- 
ful neglect  of  duty  or  misdemeanor  in  office,  shall  be  liable  to 
presentment  or  indictment  by  a  grand  jury,  and  trial  by  petit 
jury,  and  upon  conviction  shall  be  removed  from  office. 

Mr.  Barry  moved  to  transfer  the  twenty-sixth  section  of  the 
Judiciary  to  the  Legislative; 
Which  was  carried. 

Mr.  Hauser  moved  to  reconsider  the  vote  upon  sections  20 
and  21  of  the  Judiciary; 
Which  was  laid  on  the  table. 

Mr.  Castello  moved  to  adopt  as  a  whole,  Article  VI  being  the 
Judiciary,  and  to  refer  to  committee  on  Enrollment. 
3Ir.  Morgan  moved  the  previous  question; 
Which  was  sustained. 

And  the  motion  of  Mr.  Castello  was  carried. 
The  Convention  proceeded  to  the  consideration  of  Franchise, 
being  Article  VII  of  the  Constitution,  upon  its  final  reading; 
And  section  1  was  adopted,  and  reads  as  tollows : 
Section  I.  All  elections  by  the  people  shall  be  by  ballot. 
Section  2: 

Mr.  Conley  moved  to  go  into -Committee  of  the  Whole,  for 
the  consideration  of  the  same. 

Mr.  Chappell  moved  to  adjourn;  which  was  carried. 

The  Convention  adjourned  to  meet  to-morrow  morning  at  9 
o'clock. 

T.  P.  Sears. 
Secretary. 


630 


ONE  HUNDRED  AND  FOURTH  DAY. 

Jackson,  Miss.,  Wednesday,  May  6th,  186S. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman. 
Chappell,  Clarke,  Combash,  Conley,  Dowd,  Drane,  Fawn, 
Fitzhugh,  Gibbs,  Handy,  Hauser,  Herbert,  Holland,  Hutto, 
Jacobs,  Jamison,  Johnson  S.,  Johnson  A.,  Lawson,  Leas, 
Leonard,  Ma^yson,  Mask,  Moore,  Morgan,  Mj^ers,  Mygatt, 
McKee,  McKnight,  Newsom,  Niles,  Orr,  Ozanne,  Parsons  F., 
Parsons  J.  R.,  Peyton  E.  A.,  Powell,  Quinn,  Railsback,  Rich- 
ardson, Stiles,  Stovall,  Stewart,  Stringer,  Stites,  Toy,  Warren, 
Woodmansee,  Weir,  Williams,   and   Yeoman-  63. 

The  following  delegates  were  absent : 

Messrs.  Collins,  Cunningham,  Elliott  John,  Elliott  James, 
Field,  Howe,  Jones,  Kerr,  Lack,  Musgrove,  Miles,  Neilson, 
Nelms,  Peyton  E.  G.,  Raine}^,  Smith,  Walker — 17. 

Upon  motion,  the  reading  of  the  Journal  was  dispensed 
with. 

Leaves  of  absence  were  granted  to  Mr.  Moore,  un+il  Monday 
next;  to  Mr.  Combash,  for  two  days,  and  to  Mr.  Cunningham 
from  day  to  day. 

Mr.  Morgan  moved  to  suspend  the  rules  and  take  up  order  of 
the  day; 

Which  was  carried. 

Mr.  Hauser  moved  to  reconsider  the  vote  adopting  the  report 
of  the  Judiciary,  and  referring  it  to  the  committee  on  Enroll- 
ment. 

Mr.  Castello  moved  to  table; 
Which  was  lost. 

Mr.  F.  Parsons  moved  the  previous  question; 

Which  was  sustained. 

And  the  motion  of  Mr.  Hauser  prevailed. 

Mr.  F.  Parsons  moved  to  go  into  Committee  of  the  Whole* 
to  consider  the  proposed  additional  section  to  the  Judiciary; 
and  moved  the  previous  question; 

Which  was  sustained; 

And  the  motion  to  go  into  Committee  of  the  Whole  was  car- 
ried ; 

And  after  certain  action  had  therein,  the  committee  roser 
and  through  their  chairman,  Mr.  Orr,  reported  the  following : 

Sec.  20.^The  qualified  electors  of  each  county  shall  elect 
three  persons,  by  districts,  for  the  term  of  two  years,  who  shall 
constitute  a  Board  of  Supervisors  for  each  county,  a  majority 
of  whom  may  transact  business;  which  body  shall  have  full 
jurisdiction  over  roads,  ferries  and  bridges,  and  perform  such 


631 


other  duties  as  shall  be  provided  by  law,  and  shall  order  all 
county  elections,  to  fill  vacancies  that  may  arise  in  the  offices 
of  their  respective  counties.  The  Clerk  of  the  Chanceiy 
Court  of  each  county  shall  be  the  Clerk  of  such  Board  of 
Supervisors. 

Sec,  21.  No  person  shall  be  eligible  as  a  member  of  said 
Board  who  shall  not  have  resided  one  year  in  the  county, 
but  this  qualification  shall  not  extend  to  such  new  counties  as 
may  hereafter  be  established  until  one  year  after  their  organiza- 
tion, and  all  vacancies  that  may  occur  in  said  Board  shall  be 
supplied  by  election  as  aforesaid,  for  the  unexpired  term. 

And  recommended  the  adoption  of  the  report. 

Mr.  McKee  moved  to  receive  and  adopt. 

Mr.  Morgan  moved  the  previous  question  ; 

Which  was  sustained. 

Mr.  Ozanne  moved  to  divide  the  question; 
Which  was  lost. 

And  the  report  of  the  Committee  of  the  Whole  was  adopted, 
by  the  following  vote; 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bridges,  Brinson. 
Chapman,  Clarke,  Conley,  Fawn,  Handy,  Hauser,  Herbert,  Hol- 
land, Hutto,  Jacobs,  Jamison,  Johnson  S.,  Moore,  Myers,  My- 
gatt,  McKee,  Mies,  Orr,  Parsons  F.,  Parsons  J.  R,,  Powell 
Quinn,  Richardson,  Stewart,  Stites,  Stiles,  Toy,  Warren,  Weir. 
Williams,  and  Yeoman — 36. 

Nays — Messrs.  Ballard,  Caldwell,  Castello,  Dowd,  Fitzhugh. 
Oibbs,  Johnson  A.,  May  son  Morgan,  McKnight,  Ozanne,  Pey- 
ton E.  A.,  Railsback,  and  Stringer — 14. 

Mr.  Warren  moved  to  adopt  the  report  as  a  whole,  and  refer 
to  the  committee  on  Enrollment,  with  directions  to  place  the 
sections  in  their  proper  pla.e  in  the  article  on  Judiciary. 

Mr.  Alderson  moved  to  reconsider  the  vote  adopting  the 
report  of  the  Committee  of  the  Whole; 

Which  was  laid  on  the  table. 

And  the  motion  of  Mr.  Warren  was  carried. 

Mr.  Ozanne  moved  to  suspend  the  rules,  and  take  up  so  much 
of  the  report  of  the  committee  on  Contingent  Expenses,  pre- 
sented last  Saturda}^  as  remains  undisposed  of; 

Which  was  carried. 

And  the  report  was  adopted,  and  warrants  ordered  to  be 
drawn  in  payment  thereof. 

The  following  were  the  bills  alluded  to  as  presented  by  the 
Committee  on  Contingent  Expenses,  on  the  2d  of  May,  1868; 

31ississippi  Constitutional  Convention, 

To  the  Journal  Office,  Dr. 

To  5,510  copies  Daily  State  Journal  for  the  month  of 

April,  @  5  cents  per  copy  $275  50 

I  certify  that  the  above  account  is  correct,  and  that  the 

papers  charged  for  were  received  by  me  and  distributed  among 

the  members  of  the  Convention. 

Nelson  G.  Gill, 

B  erg  eant-at- Arms. 


632 


The  Constitutional  Convention  of  the  State  of  Mississippi, 

To  Jackson  Gas  Light  Company,  Dr. 
To  Gas  consumed  during  the  month  of  April,  A.  D.,  1868, 

6,000  cubic  feet  @  $8  00  per  thousand  $48  00 

Canton,  Miss.,  April  28th,  1868. 

Mississippi  Constitutional  Convention, 

To  George  Moorman,  Dn. 

To  amount  paid  for  printing  official  laws  of  the  Conven- 
tion, to  assist  in  the  collection  of  taxes,  etc.,  300 
copies  $18  00 

Section  2  of  the  article  on  Franchise  was  taken  up. 
Mr.  Gibbs  moved  to  go  into  Committee  of  the  Whole  to  con- 
sider the  section; 
Which  was  carried. 

After  certain  action  had  therein,  the  committee  rose,  and  re- 
ported section  2  back  without  amendment,  and  recom- 
mended its  adoption, 

Report  of  committee  adopted,  and  the  section  reads  as  fol- 
lows: 

Sec.  2.  All  male  inhabitants  of  this  State,  except  idiots  and 
insane  persons,  and  Indians,  not  taxed,  born  in  the  United 
States,  or  naturalized,  twenty-one  years  old  and  upwards,  who 
have  resided  in  this  State  six  months,  and  in  the  county  one 
month  next  preceding  the  day  of  election,  at  which  said  in- 
habitant offers  to  vote,  and  who  are  duly  registered  according 
to  the  requirements  of  section  3  of  this  article,  and  who  are 
not  disqualified  by  reason  of  any  crime,  are  declared  to  be 
qualified  electors. 

Section  3  was  adopted,  and  reads  as  follows: 

Sec.  3.  The  Legislature  shall  provide  b}^  law  for  the  regis- 
tration of  all  persons  entitled  to  vote  at  any  election,  and  all 
persons  entitled  to  register  shall  take  and  subscribe  the  fol- 
lowing oath  or  affirmation:    "I  do  solemnly  swear. 

(or  affirm),  in  the  presence  of  Almighty  God,  that  lam  twenty- 
one  years  old;  that  I  have  resided  in  this  State  six  months,  and 
in  ....  county  one  month;  that  I  will  faithfully  support  and 
obey  the  Constitution  and  laws  of  the  United  States,  and  of 
the  State  of  Mississippi,  and  will  bear  true  faith  and  allegiance 
to  the  same;  that  I  am  not  disfranchised  in  any  of  the  provis- 
ions of  the  acts  known  as  the  Reconstruction  Acts  of  the  39th 
and  40th  Congress;  and  that  I  admit  the  political  and  civil 
equality  of  all  men;  so  help  me  God;"  Provided,  That  if 
Congress  shall,  at  any  time,  remove  the  disabilities  of  any  per- 
sons disfranchised  in  the  said  Reconstruction  Acts  of  the  said 
36th  and  40th  Congress  (and  the  Legislature  of  this  State  shall 
concur  therein),  then  so  much  of  this  oath,  and  so  much  only, 
us  refers  to  the  said  Reconstruction  Acts,  shall  not  be  required 
of  such  person,  so  pardoned,  to  entitle  him  to  be  registered, 

Seetion  4  was  adopted,  and  reads  as  follows : 


Sec.  4.  No  person  shall  be  eligible  to  any  office  of  profit  or 
trust,  or  to  any  office  in  the  militia  of  this  State,  who  is  not  a 
qualified  elector. 

Section  5 : 

Mr.  Warren  moved  to  amend,  by  way  of  ryder: 

Strike  out  the  words,  "by  a  vote  of  two-thirds  of  each 
house.*'  in  the  27th  end  28th  lines. 

Mr.  Morgan  moved  to  go  into  Committee  of  the  Whole,  for 
the  further  consideration  of  the  section. 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Ozanne,  and  sustained,  the  motion  of  Mr.  Morgan  was  lost. 

Mr.  Parsons  of  Adams,  moved  the  previous  question; 

Which  was  not  sustained,  and  the  section  lies  over. 

Mr.  Morgan  moved  to  suspend  the  rules,  that  the  section  may 
be  taken  up  for  further  consideration; 

Which  was  carried. 

Mr.  Gibbs  moved  the  previous  question; 
Which  was  sustained. 

And  the  amendment  by  way  of  ryder,  offered  by  Mr.  Warren, 
to  strike  out  the  words,  "  by  a  vote  of  two-thirds  of  each 
house."'  in  the  27th  and  28th lines,  was  adopted,  by  the  follow- 
ing vote : 

Yeas— -Messrs.  Alderson,  Ballard,  Beam.  Bonne}',  Brinson, 
Caldwell,Castello,Chapman,  Clarke,  Conley,  Dowd,  Drane,  Fawn, 
Fitzhugh,  Holland,  Hutto,  Jacobs,  Johnson  S.,  Leas,  Mayson, 
Mask,  Myers,  Mygatt,  McKee,  Niles,  Orr,  Parsons  F.,  Parsons 
J.  R.,  Railsback,  Richardson,  Stites,  Stovall,  Stiles,  Toy,  War- 
ren. Williams,  Yeoman — 38. 

Nats —  Messrs.  Alcorn,  Barry,  Gibbs,  Hauser,  Herbert. 
Jamison,  Johnson  A.,  Lawson,  Moore,  Morgan,  McKnight, 
Powell,  Woodmansee — 13. 

And  section  5  was  adopted. 

Mr.  Barry  moved  to  reconsider  the  vote  just  taken. 
Mr.  Parsons  moved  to  table  ; 
Which  was  lost. 

Pending  further  action  on  the  same,  Convention  adjourned, 
to  meet  at  3  o'clock,  p.  m. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman. 
Chappell,  Clarke,  Conley,  Dowd,  Drane,  Fawn,  Fitzhugh,  Gibbs. 
Handy,  Hauser,  Herbert,  Holland,  Hutto,  Jacobs,  Johnson  S., 
Johnson  A.,  Lawson,  Leas.  Mayson,  Mask,  Moore,  Morgan. 
Myers,  Mygatt,  McKee,  McKnight,  Niles,  Ozanne,  Parsons  F., 
Parsons  J  R.,  Powell,  Railsback,  Stewart,  Stites,  Stovall,  Stringer, 
Stiles,  Toy,  Warren,  Weir,  Woodmansee,  and  Yeoman — 54. 

The  following  delegates  were  absent: 


634 


Messrs.  Collins,  Combash,  Cunningham,  Elliott  John,  Elliott 
-James,  Field,  Howe,  Jamison,  Jones,  Kerr,  Lack,  Leonard, 
Musgrove,  Miles,  Neilson,  Nelms,  Newsom,  Orr,  Peyton  E.  A., 
Peyton  E.  G.,  Quinn,  Rainey,  Smith,  Richardson,  Smith,  Wal- 
ker, and  Williams— 27. 

The  motion  to  reconsider  the  vote  adopting  section  5  of 
Franchise,  pending  on  adjournment,  was  called  up; 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  F.  Parsons,  and  sustained,  the  motion  to  reconsider  was 
carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Bridges, 
Briuson,  Caldwell,  Chapman,  Chappell,  Conley,  Drane,  Fitz- 
hugh,  Hand}'',  Hauser,  Herbert,  Holland,  Johnson  A.,  Lawson, 
Leas,  Moore,  Morgan,  Mygatt,  McKnight,  Niles,  Orr,  Ozanne, 
Powell,  Stewart,  Stites,  Stringer,  Williams,  Woodmansee,  and 
Yeoman — 33. 

Nays — Messrs.  Ballard,  Beam,  Castello,  Clarke,  Dowd,  Fawn, 
Gibbs,  Hutto,  Jacobs,  Johnson  S.,  Mayson,  Mask,  Myers, 
McKee,  Parsons  F.,  Parsons  J.  R.,  Railsback,  Stovall,  Stiles, 
Toy,  Warren,  and  Weir — 22. 

Mr.  Morgan  moved  to  amend,  by  way  of  ryder,  as  follows: 

Strike  out  all  after  the  word  '*  Convention,"  in  the  twenty- 
third  line,  to  the  word  "out,"  in  the  twenty-sixth  line. 

Mr.  Ozanne  moved  the  previous  question; 

Which  was  not  sustained. 

And  the  subject  lies  over. 

Mr.  Morgan  moved  to  suspend  the  rules,  and  continue  the 
consideration  of  the  fifth  section. 
Mr.  Castello  moved  to  table; 
Which  was  lost. 

And  the  motion  to  suspend  the  rules,  was  lost. 
Mr.  Castello  moved  to  adjourn; 
Which  was  lost. 

Mr.  Quinn  was  granted  leave  of  absence  for  three  days. 
Mr.  Morgan  moved  to  suspend  the  rules,  and  take  up  section  5. 
Mr.  Castello  moved  to  table; 
Which  was  lost. 

Mr.  Chappell  moved  to  adjourn;  which  was  carried. 

The  Convention  adjournned  to  meet  to-morrow  morning  at  9 

o'clock. 

T.  P.  Sears, 

Secretary. 


ONE  FIUNDRED  AND  FIFTH  DAY. 

Jackson,  Miss.,  Thursday,  May  7th,  1868. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 


635 


Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman, 
Chappell,  Clarke,  Conley,  Cunningham,  Dowd,  Drane,  Fawn, 
Fitzhngh,  Gibbs,  Handy,  Hauser,  Herbert,  Holland,  Hutto, 
Jacobs,  Jamison,  Johnson  S.,  Johnson  A.,  Lawson,  Leas,  Leon- 
ard, Mayson,  Mask,  Morgan,  Myers,  Mygatt,  McKnight,  Miles, 
Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Powell, 
Railsback,  Richardson,  Stewart,  Stiles,  Stovall,  Stringer,  Stites, 
Toy,  Warren,  Weir,  Williams,  Woodmansee,  and  Yeoman — 59. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Combash,  Elliott,  John,  Elliott  James,  Field, 
Howe,  Jones,  Kerr,  Lack,  Musgrove,  Miles,  McKee,  Moore, 
Iseilson,  Nelms,  Newsom,  Peyton  E.  G.,  Q.uinn,  Rainey,  Smith, 
and  Walker— 21. 

Upon  motion,  the  reading  of  the  Journal  was  dispensed  with. 

Leave  of  absence  was  granted  to  Mr.  McKee,  for  three  days. 

Mr.  Gibbs,  of  Wilkinson,  moved  to  reconsider  the  vote  al- 
lowing the  account  of  George  Moorman,  Sheriff  of  Madison 
county,  for  expenses  incurred  in  collection  of  Convention  tax, 

Mr.  Cunningham,  of  Madison,  moved  to  lay  the  motion  on 
the  table; 

W^hich  was  lost. 

And  the  motion  of  Mr.  Gibbs  prevailed. 
The  Committee  on  the  Removal  of  Political  disabilities  pre- 
sented the  following  report : 

To  the  President  and  Members  of  Constitutional  Convention: 

The  Committee  on  the  Removal  of  Political  Disabilities, 
would  respectfully  recommend  that  the  names  of  the  following 
persons  be  added  to  the  list  previously  reported  to  the  Conven- 
tion for  favorable  consideration. 


II.  W.  Warren,  Chairman. 
U.  Ozanne, 
H.  W.  Barry, 
Wm.  Yeoman, 


Committee. 


J.  Moore  McCalla 
Thomas  P.  Young- 
Robert  Davenport 
William  A.  Taylor 

Sam.  Young  

Joseph  Wise  

Samuel  Mimson.  . 
John  K.  Oliver.  .  . 
J.  F.  Simmons 
B.  F.  Jones  


Tishomingo  count}". 
Tishomingo  count}'. 
Tishomingo  county. 
Tishomingo  county. 


Attala  county. 
Attala  county. 
Attala  county. 
Panola  county. 
Panola  county. 
Carroll  county. 


Report  received. 


636 


Mr.  Morgan  moved  to  suspend  the  rules  and  take  tip  the 
order  of  the  day; 
Which  was  carried. 

Mr.  Alderson  moved  to  go  into  Committee  of  the  Whole,  to 
consider  the  5th  section ; 

Which  was  laid  on  the  table. 

And  the  ryder  offered  by  Mr.  Morgan,  on  yesterday,  was  lost, 
by  the  following  vote: 

Yeas — Messrs.  Barry,  Bonney,  Bridges,  Brinson,  Caldwell, 
Chapman,  Drane,  Fawn,  Fitzhugh,  Hancly,  Hauser,  Herbert, 
Holland,  Johnson  A.,  Lawson,  Leonard,  Morgan,  Mygatt,  Mc- 
Knight,  Ozanne,  Powell,  Stewart,  Stites,  Stringer,  Weir,  Wil- 
liams, Woodman  see,  and  Yeoman — 28. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Beam,  Castello, 
Chappell,  Clarke,  Conley,  Cunningham,  Dowd,  Gibbs,  Hutto, 
Jacobs,  Jamison,  Johnson  S.,  Leas,  Mayson,  Mask,  Myers, 
Niles,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Railsbaek. 
Richardson,  Stovall,  Stiles,  To}^,  and  Warren — 29. 

Mr.  E.  A.  Peyton  moved  to  reconsider. 

A  motion  to  lay  on  the  t%ble  was  carried,  by  the  following 
vote : 

Yeas  Messrs.  Alderson,  Barry,  Beam,  Bridges,  Castello, 
Chappell,  Clarke,  Conley,  Cunningham,  Dowd,  Drane,  Gibbs, 
Holland,  Hutto,  Jacobs,  Jamison,  Johnson  S.,  Leas,  Mayson, 
Mask,  M}Tgatt,  Niles,  Parsons  F.,  Parsons  J.  R.,  Railsbaek, 
Richardson,  Stites,  Stovall,  Stringer,  Stiles,  Toy,  Warren — 32. 

Nays — Messrs.  Alcorn,  Barry,  Bonne^y,  Brinson,  Caldwell, 
Chapman,  Fitzhugh,  Handy,  Hauser,  Herbert,  Johnson  A., 
Lawson,  Leonard,  Morgan,  Myers,  McKnight,  Ozanne,  Peyton 
E.  A.,  Powell,  Stewart,  Weir,  Williams,  Woodmansee,  and  Yeo- 
man— 24. 

The  following  was  inserted  by  unanimous  consent: 
After  the  word  "Convention,"  in  the  twenty-third  line,  insert 
the  following  words,  "or  who  have  continuously  advocated  the 
assembling  of  this  Convention,  and  shall  continuously  and  in 
good  faith,  advocate  the  acts  of  the  same,"  and  the  words 
"and  shall  continuously  and  in  good  faith  advocate  the  acts  of 
the  same,"  were  stricken  out; 

And  section  5  was  adopted  as  amended,  and  reads  as  fol- 
lows: 

Sec.  5.  No  person  shall  be  eligible  to  any  office  of  profit  or 
trust,  civil  or  military,  in  this  State,  who,  as  a  member  of  the 
Legislature,  voted  for  the  call  of  the  Convention  that  passed 
the  Ordinance  of  Secession,  or  who,  as  a  delegate  to  airy  Con- 
vention, voted  for  or  signed  any  ordinance  of  secession,  or  who 
gave  voluntary  aid,  countenance,  counsel  or  encouragement  to 
persons  engaged  in  armed  hostility  to  the  United  States,  or 
who  accepted  or  attempted  to  exercise  the  functions  of  any 
office,  civil  or  military,  under  any  authority  or  pretended  gov- 
ernment authority,  power,  or  Constitution,  within  the  United 
States,  hostile  or  inimical  thereto,  except  all  persons  who  aided 
reconstruction  by  voting  for  this  Convention;  or  who  have 


continuously  advocated  the  assembling  of  this  Convention,  and 
shall  continuously  and  in  good  faith  advocate  the  acts  of  the 
same;  but  the  Legislature  may  remove  such  disability;  Provid- 
ed. That  nothing  in  this  section,  except  voting  for  or  sign- 
ing the  Ordinance  of  Secession  shall  be  so  construed  as  "to 
exclude  from  office  the  private  soldier  of  the  late  so-called 
Confederate  States  army. 

Section  6  was  adopted,  and  reads  as  follows : 

Sec.  6.  In  time  of  war,  insurrection  or  rebellion,  the  right  * 
to  vote  at  such  place,  and  in  such  manner  as  shall  be  pre- 
scribed by  law,  shall  be  enjoyed  by  all  persons  otherwise  enti- 
tled thereto,  who  may  be  in  the  actual  military  or  naval 
service  of  the  United  States  or  this  State;  Provided,  Said  votes 
be  made  to  apply  in  the  county  or  precint  wherein  they  reside. 

Mr.  Parsons,  of  Adams,  moved  to  adopt  Article  VII  as  a 
whole,  being  Franchise,  and  refer  to  Committee  on  Enroll- 
ment; 

Which  was  carried. 

Mr.  Orr  moved  to  suspend  the  rules  to  enable  him  to  intro- 
duce the  following  ordinance; 
"Which  was  carried, 

AX  ORDINANCE  SUPPLEMENTARY  TO  AN  ORDINANCE,  PROVIDING  FOR 
THE  LEVY  AXD  COLLECTION  OF  A  TAX  UPON  THE  REAL  AXD  MOVA- 
BLE PROPERTY  IX  THE  STATE  OF  MISSISSIPPI,  ADOPTED  IX  CON- 
VENTION, FEBRUARY  27tH,  1868. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  ofJIissis- 
sippi,  in  Convention  assembled,  That  it  shall  be  duty  of  the 
several  Sheriffs  and  Tax  Collectors  of  the  counties  in  this  State 
to  proceed  forthwith  to  collect  all  taxes  levied  by  the  ordinance 
to  which  this  is  supplementary,  and  in  accordance  with  the 
provisions  therein  contained,  and  it  shall  be  the  duty  of  said 
Sheriffs  and  Tax  Collectors,  to  mSke  a  final  settlement  with 
the  State  Treasurer  on  or  before  the  loth  day  of  June,  1868. 

Sec.  2.  Be  it  further  ordained.  That  this  ordinance  shall 
be  in  full  force  and  effect  from  and  after  its  adoption  in  Con- 
vention, and  that  all  ordinances  or  parts  of  ordinances  con- 
flicting with  this  be,  and  the  same  are  hereby  repealed. 

The  ordinance  passed  its  first  reading. 

Under  a  further  suspension  of  the  rules,  the  ordinance  passed 
its  second  and  third  readings. 

Mr.  Morgan  moved  to  suspend  the  rules  to  enable  him  to 
introduce  a  resolution. 

Mr.  Herbert  moved  to  table ; 

Which  was  carried. 

Article  VIII  of  the  Constitution  was  taken  up  for  considera- 
tion, being  School  Funds,  Education,  and  Science. 
And  section  1  was  adopted,  and  reads  as  follows : 
Section  1.  As  the  stability  of  a  Republican  form  of  govern- 
ment depends  mainly  upon  the  intelligence  and  virtue  of  the 
people,  it  shall  be  the  duty  of  the  Legislature  to  encourage,  by 


638 


all  suitable  means,  the  promotion  of  intellectual,  scientific, 
moral  and  agricultural  improvement,  by  establishing  a  uniform 
system  ot  free  public  schools,  by  taxation  or  otherwise,  for  all 
children  between  the  ages  of  (5)  five  and  (21)  twenty-one  years, 
and  shall,  as  soon  as  practicable,  establish  schools  of  higher 
grade. 

Section  2  was  adopted,  and  reads  as  follows : 

Sec.  2.  There  shall  be  a  Superintendent  of  Public  Education 
elected  at  the  same  time  and  in  the  same  manner  as  the  Gov- 
ernor, who  shall  have  the  qualification  of  the  Secretary  of  State, 
and  hold  his  office  for  four  years,  and  until  his  successor  shall 
be  elected  and  qualified,  whose  duties  shall  be  the  general  super- 
vision of  the  common  schools  and  the  educational  interests  of 
the  State,  and  who  shall  perform  such  other  duties  pertaining 
to  his  office,  and  receive  such  compensation  as  shall  be  pre- 
scribed by  law;  he  shall  report  to  the  Legislature,  for  its 
adoption,  within  twenty  days  after  the  opening  of  its  first  ses- 
sion under  this  Constitution,  a  uniform  system  of  free  public 
schools. 

Section  3  was  adopted,  and  reads  as  follows : 

Sec.  3.  There  shall  be  a  Board  of  Education,  consisting  of 
the  Secretary  of  State,  the  Attorney  General,  and  the  Superin- 
tendent of  Public  Education,  for  the  management  and  invest- 
ment of  the  school  funds,  under  the  general  direction  of  the 
Legislature,  and  to  perform  such  other  duties  as  may  be  pre- 
scribed by  law.  The  Superintendent  and  one  other  of  said 
board  shall  constitute  a  quorum. 

Section  4  was  adopted,  and  reads  as  follows : 

Sec.  4.  There  shall  be  a  Superintendent  of  Public  Education 
for  each  county,  who  shall  be  appointed  by  the  Board  of  Educa- 
tion, by  and  with  the  advice  and  consent  of  the  Senate,  whose 
term  of  office  shall  be  two  years,  and  whose  compensation  and 
duties  shall  be  prescribed  by  law;  Provided,  That  the  Legisla- 
ture shall  have  power  to  make  said  office  of  County  School 
Superintendent  of  the  several  counties  elective,  as  other  county 
officers  are. 

Section  5: 

Mr.  Jacobs  offered  the  following,  by  waj^  of  ryder : 

Provided,  This  section  shall  not  be  construed  as  to  make 
any  distinction  between  citizens  without  their  consent; 

Which  was  laid  on  the  table. 

And  section  5  was  adopted,  and  reads  as  follows  : 

Sec  5.  A  public  school  or  schools  shall  be  maintained  in 
each  school  district  at  least  four  months  in  each  year.  Any 
school  district  neglecting  to  maintain  such  school  or  schools 
shall  be  deprived  for  that  year  of  its  proportion  of  the  income 
of  the  free  school  fund  and  of  all  funds  arising  from  taxes  for 
the  support  of  schools. 

Section  6  was  adopted,  and  reads  as  follows : 

Sec.  6.  There  shall  be  established  a  common  school  fund 
which  shall  consist  of  the  proceeds  of  the  lands  now  belonging 
to  the  State,  heretofore  granted  by  the  United  States,  and  of 


the  lands  known  as  "  swamp  lands,"  except  the  swamp  lands 
lying  and  situated  on  Pearl  river,  in  the  counties  of  Hancock, 
Marion,  Lawrence,  Simpson,  and  Copiah,  and  of  all  lands  now 
or  hereafter  rested  in  the  State  by  escheat,  or  purchase,  or 
forfeiture  for  taxes,  and  the  clear  proceeds  of  all  fines  col- 
lected in  the  several  counties  for  any  breach  of  the  penal  laws, 
and  all  moneys  received  for  licenses  granted  under  the  general 
laws  of  the  State,  for  the  sale  of  intoxicating  liquor,  or  keeping 
of  dram  shops,  all  moneys  paid  as  an  equivalent  for  persons 
exempt  from  military  duty,  and  the  funds  arising  from  the 
consolidation  of  the  Congressional  township  funds,  and  the 
lands  belonging  thereto,  together  with  all  moneys  donated 
to  the  State  for  school  purposes,  which  funds  shall  be 
securely  invested  in  United  States  bonds,  and  remain  a  per- 
petual fund,  which  may  be  increased,  but  not  diminished,  the 
interest  of  which  shall  be  inviolably  appropriated  for  the 
support  of  free  schools. 

Section  7  was  adopted,  and  reads  as  follows : 

Sec.  7.  The  Legislature  may  levy  a  poll  tax  not  to  exceed 
two  dollars  a  head,  in  aid  ol  the  school  fund,  and  for  no  other 
purpose. 

Section  8  was  adopted,  and  reads  as  follows: 

Sec.  8.  The  Legislature  shall,  as  soon  as  practicable,  provide 
for  the  establishment  of  an  Agricultural  College  or  Colleges, 
and  shall  appropriate  the  two  hundred  and  ten  thousand  acres 
of  land  donated  to  the  State  for  the  support  of  such  a  college 
by  the  act  of  Congress  passed  July  2,  A.  D.  1865,  or  the  money 
or  scrip,  as  the  case  may  be,  arising  from  the  sale  of  said  lands 
or  any  lands  which  may  hereafter  be  granted,  or  appropriated- 
for  such  purpose. 

Section  9  was  adopted,  and  reads  as  follows: 

Sec.  9.  No  religious  sect  or  sects  shall  ever  control  any  part 
of  the  school  or  university  funds  of  this  State. 

Section  10: 

Mr.  Morgan  moved  to  amend  by  way  of  lyder,  as  follows : 
Add  to  the  end  of  the  section  the  words:    "  And  all  school 

funds  shall  be  divided  pro  rata  among  the  children  of  school 

age;"  # 

Which  was  adopted. 

Mr.  Alclerson  moved  to  reconsider  the  vote  adopting  the 
ryder  of  Mr.  Morgan; 
Which  was  lost. 

And  section  10  was  adopted  as  amended,  and  reads  as 
follows : 

Sec  10.  The  Legislature  shall,  from  time  to  time,  as  may  be 
necessary,  provide  for  the  levy  and  collection  of  such  other 
taxes  as  ma}T  be  required  to  properly  support  the  system  of 
free  schools  herein  adopted.  And  all  school  funds  shall  be 
divided  -pro  rata  among  the  children  of  school  age. 

Mr.  Alclerson  moved  to  reconsider  the  vote  adopting  sec- 
tion 9. 

Mr.  Castello  moved  to  lay  on  the  table  ; 
Which  was  carried. 


640 


Mr.  Castello,  of  Adams,  moved  to  adopt  Article  VIII,  of  the 
Constitution,  as  a  whole — being  School  Funds,  Education,  and 
Science — and  refer  the  same  to  the  committee  on  Enrollment; 

Which  was  carried. 

Mr.  Git,  of  Harrison,  moved  to  suspend  the  rules  to  enable 

him  to  introduce  a  resolution; 
Which  was  carried. 

And  Mr.  Orr  introduced  the  following: 

Resolved,  That  300  copies  of  the  ordinance  supplementary 
to  an  ordinance  providing  for  the  lev}^  and  collection  of  a  tax 
to  defray  the  expenses  of  this  Convention,  be  printed  and 
furnished  to  the  State  Auditor  for  distribution  among  the 
Sheriffs  and  Tax  Collectors  of  the  several  counties  of  this 
State. 

Which  was  adopted. 

Article  IX  of  the  Constitution  was  taken  up  for  consideration, 
being  the  Militia. 
Section  1 : 

Mr.  Castello  offered  the  following,  byway  of  ryder: 
Provided,  That  only  loyal  men,  and  honorably  discharged 
soldiers  who  have  served  faithfully  in  the  United  States  army 
during  the  late  rebellion,  shall  have  the  right  and  privilege  of 
organizing  themselves  into  volunteer  companies  and  regi- 
ments; 

Which  was  lost. 

Section  1  was  adopted,  and  reads  as  follows: 

Section  1.  All  able  bodied  male  citizens  of  this  State,  be- 
tween the  ages  of  eighteen  (18)  and  forty-five  (45)  years,  shall 
be  liable  to  military  duty  in  the  militia  of  this  State,  in  such 
manner  as  the  Legislature  shall  provide,  not  incompatible  with 
this  Constitution,  and  the  Constitution  and  laws  of  the  United 
States. 

Section  2  was  adopted,  and  reads  as  follows: 
Sec.  2.  The  Legislature  shall  provide  for  the  organizing,  arm- 
ing, equipping  and  discipline  of  the  militia,  and  for  paying  the 
same  when  called  into  active  service. 

Section  3  was  adopted,  and  reads  as  follows : 
Sec.  3.  It  shall  be  the  duty  of  the  first  Legislature  to  make 
such  laws  as  shall  be  necessary  to  immediately  create  an  effec- 
tive militia  in  this  State. 

Section  4  was  adopted,  and  reads  as  follows : 
Sec.  4.  All  officers  of  militia,  except  non-commissioned  offi- 
cers, shall  be  appointed  by  the  Governor,  by  and  with  the  con- 
sent of  the  Senate,  and  shall  be  chosen  for  their  military  know- 
ledge,  experience  in  arms,  and  their  fidelity  and  lojralty ;  and 
no  commissioned  officer  shall  be  removed  from  office  except 
by  the  Senate  on  recommendation  of  the  Governor,  stating  the 
grounds  on  which  such  removal  is  recommended,  or  by  the 
decision  of  a  court  martial,  pursuant  to  law,  or  at  his  own  re- 
quest. 

Section  5  was  adopted,  and  reads  as  follows : 

Sec*  5,  The  Governor  shall  be  Commander-in-Chief  of  the 


641 


militia,  except  when  it  is  called  into  the  service  of  the  United 
States,  and  shall  have  power  to  call  forth  the  militia  to  execute 
the  laws,  repel  invasion,  and  to  suppress  riots  and  insurrec- 
tions. 

Section  6  was  adopted,  and  reads  as  follows : 
Sec.  6.  The  Governor  shall  nominate,  and  by  and  with  the 
consent  of  the  Senate,  commission  one  Major  General  for  the 
State,  who  shall  be  a  citizen  thereof,  and  also  one  Brigadier 
General  for  each  Congressional  District,  who  shall  be  a  resi- 
dent of  the  district  for  which  he  shall  be  appointed,  and  each 
district  shall  constitute  a  militia  division. 
Section  7: 

By  unanimous  consent,  the  word  "service"  was  stricken 
out,  and  the  word  "  office  "  inserted. 

And  section  7  was  adopted  as  amended,  and  reads  as  fol- 
lows : 

Sec.  7.  The  Adjutant  General,  and  other  staff  officers  to  the 
Commander-in-Chief,  shall  be  appointed  b}T  the  Governor,  and 
their  appointment  shall  expire  with  the  Governor's  term  of 
office. 

Section  8  was  adopted,  and  reads  as  follows : 

Sec.  8.  The  militia  shall  be  exempt  from  arrest  during  their 
attendance  on  musters,  and  in  going  to  and  returning  from  the 
same,  except  in  case  of  trsason,  felony,  or  breach  of  the  peace. 

And  Article  IX  of  the  Constitution  was  adopted  as  a  whole, 
and  referred  to  the  committee  on  Enrollment. 

Article  X  of  the  Constitution,  being  Internal  Improvements, 
was  taken  up. 

Mr.  Alderson  moved  to  go  into  Committee  of  the  Whole  for 
the  consideration  of  the  same ; 
Which  was  lost. 

Mr.  Morgan  moved  to  go  into  Committee  of  the  Whole  for 
the  consideration  of  Article  X  of  the  Constitution ; 
Which  was  carried. 

Arid  after  certain  action  had  therein,  the  committee  rose,  and 
through  their  chairman,  Mr.  Cunningham,  reported  the  follow- 
ing as  Article  X  of  the  Constitution,  and  recommended  its 
adoption. 

Report  received  and  adopted. 

And  the  article  was  adopted,  and  reads  as  follows : 
ARTICLE  X. 

The  Legislature,  at  its  first  regular  session  after  the  adoption 
of  this  Constitution,  shall  provide  for  the  organization  of  a 
Board  of  Public  Works,  prescribe  its  duties,  fix  the  compen- 
sation of  its  members,  and  all  officers  employed  upon  public 
works  in  this  State. 

A  motion  to  adjourn  was  lost. 

Mr.  Barry  moved  to  refer  Article  X  of  the  Constitution,  as 
adopted,  to  the  committee  on  Enrollment ; 
Which  was  carried. 

Convention  adjourned,  to  meet  at  3  o'clock,  p.  m. 
C— 41 


642 


AFTERNOON  SESSION, 

Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Ballard,  Barry,  Beam,  Bon- 
ney,  Bridges,  Caldwell,  Castello,  Chapman,  Clarke,  Conle}T, 
Cunningham,  Dowd,  Drane,  Fitzhugh,  Gibbs,  Handy,  Hauser, 
Herbert,  Holland,  Hutto,  Jacobs,  Jamison,  Johnson  S.,  John- 
son A.,  Lawson,  Leas,  Leonard,  Mask,  Morgan,  Myers,  Mygatt, 
McKnight,  Niles,  Ozanne,  Parsons  F.,  Peyton  E.  A.,  Powell, 
Railsbaek,  Richardson,  Stewart,  Stites,  Stovall,  Stringer,  Stiles, 
Warren,  Williams,  Woodmansee,  and  Yeoman — 50. 

The  following  delegates  were  absent : 

Messrs.  Alcorn,  Brinson,  Chappell,  Collins,  Combash,  Elliott 
John,  Elliott  James,  Fawn,  Field,  Howe,  Jones,  Kerr,  Lack, 
Ma}^son,  Musgrove,  Miles,  Mooie,  McKee,  Neilson,  Nelms, 
Newsom,  Orr,  Parsons  J.  R.,  Peyton  E.  G.,  Quinn,  Rainey, 
Smith,  Toy,  Walker,  and  Weir— 30. 

By  unanimous  consent,  section  20,  of  Article  VI,  of  the 
Constitution,  was  so  changed  as  to  read  as  follows : 

Sec.  20.  The  qualified  electors  of  each  county  shall  elect  five 
persons,  by  districts,  for  the  term  of  two  years,  who  shall  con- 
stitute a  Board  of  Supervisors  for  each  county,  a  majority  of 
whom  may  transact  business;  which  body  shall  have  full  juris- 
diction over  roads,  ferries,  and  bridges,  and  perform  such  other 
duties  as  shall  be  provided  by  law,  and  shall  order  all  county 
elections  to  fill  vacancies  that  may  arise  in  the  offices  of  their 
respective  counties.  The  Clerk  of  the  Chancery  Court  of  each 
county  shall  be  the  clerk  of  such  Board  of  Supervisors. 

The  section  relating  to  slaves  and  slave  hire,  introduced  by 
Mr.  Castello,  was  taken  up  for  consideration. 

Mr.  Weir  offered  the  following  amendment : 

And  that  all  laws  enacted,  and  all  acts  done  by  officers  sworn 
to  support  the  government  of  the  so-called  Confederate  States, 
and  the  Constitution  of  Mississippi  amended  to  conform  to  the 
provisions  of  said  so-called  Confederate  States  Constitution, 
be,  and  the  same  are  hereby  declared  to  be  null  and  void,  except 
the  solemnization  of  the  bonds  of  matrimony,  and  the  acknowl- 
edgment and  recording  of  deeds  conve}Ting  real  estate  for  and 
in  consideration  of  bona  fide  contracts,  fairly  entered  into  for 
a  fair  and  valuable  compensation,  made  in  good  faith;  and  the 
acts  and  obligations  of  administrators  and  guardians,  done  in 
accordance  with  the  laws  of  the  State  prior  to  the  passage  .of 
The  Ordinance  of  Secession,  in  the  management  of  the  estates 
of  decedents  and  the  property  of  minors.  And  that  all  judg- 
ments, decrees,  and  decisions  of  any  and  every  Judge  of  any 
court  of  record,  and  all  and  every  judgment  of  any  Mayor  of 
any  city,  town,  or  corporation,  or  Justice  of  the  Peace,  and 
each  and  every  execution,  order,  or  fi.fa..,  of  whatever  nature, 
rendered  by,  or  issued  under  and  by  said  judicial  officers  acting 
under  and.  by  authority  of  the  aforesaid  Constitutions  and  laws 


643 


of  said  so-called  government,  are  hereby  declared  to  be  null  and 
void.  Also,  all  acts  of  each  and  every  Marshal.  Sheriff.  Con- 
stable, or  their  deputies,  and  all  findings  and  verdicts  of  any 
grand  or  petit  juries,  acting  under  oaths  of  allegiance  to  said 
so-called  Confederate  Government,  from  the  first  dav  of  March. 
A.  D.  1861.  to  the  twentieth  day  of  May,  A.  D.  1865. 

Mr.  Cunningham  moved  to  table; 

Which  was  carried. 

Mr.  Ozanne  moved  the  previous  question, 
"Which  was  not  sustained; 
And  the  section  lies  over. 

Mr.  Gibbs  moved  to  suspend  the  rules,  and  proceed  to  the 
further  consideration  of  the  section. 
Mr.  Ozanne  moved  to  table  ; 
Which  was  lost. 

And  the  motion  to  suspend  the  rules  was  lost. 
Article  XI — Apportionment : 

Mr.  Gibbs  moved  to  go  into  Committee  of  the  Whole,  to  take 
action  upon  Article  XI; 
Which  was  carried. 

And  after  certain  action  had  therein,  the  committee  rose,  and 
through  their  chairman.  Mr.  Orr,  reported  the  title  of  Articl  i 
XL  changed  from  Miscellaneous  to  Apportionment. 

And  sections  4  and  5  so  amended  as  to  read  as  follows : 

4th.  The  counties  of  Attala,  Chickasaw.  Choctaw.  Claiborne. 
Copiah,  Jefferson,  Lafayette,  Lauderdale.  Pontotoc.  Oktibbeha. 
Panola,  Tippah,  Wilkinson.  Yalobusha,  Tishomingo,  and  Ran- 
kin, each  two  Representatives. 

5th.  The  counties  of  Amite,  Bolivar,  Calhoun.  Clarke,  Frank- 
lin, Issaquena.  Itawamba,  Jasper,  Kemper.  Lawrence.  Leake. 
Lee,  Pike,  Sunflower,  Scott,  Tallahatchie,  Winston.  Simps.;  .:. 
Coahoma,  Tunica,  Newton,  Neshoba,  Covington.  Smith.  Wayne, 
Davis,  Greene,  Jackson,  Hancock,  Marion,  Harrison,  and  Perry, 
each  one  Representative. 

Report  received,  and  adopted. 

Section  1  was  adopted,  and  reads  as  follows: 

Section  1.  Until  the  first  enumeration  and  a  new  apportion- 
ment shall  be  made  as  provided  and  directed  in  this  Constitu- 
tion, the  apportionment  of  Senators  and  Representatives  among 
the  several  counties  and  districts  in  this  State  shall  be  as  fol- 
lows : 

Paragraph  1  of  section  1  was  adopted,  and  reads  as  lollows : 
1st.  The  county  of  Warren,  five  Representatives. 
Paragraph  2  of  section  1  was  adopted,  and  reads  as  follows : 
2d.  The  counties  of  Hinds  and  Lowndes,  each,  four  Repre- 
sentatives. 

Paragraph  3  of  section  1  was  adopted,  and  reads  as  follows : 
3d.  The  counties  of  Adams,  Carroll,  DeSoto,  Holmes.  Madi- 
son, Marshall,  Monroe,  Noxubee,  Washington,  and  Yazoo, 
each  three  Representatives. 

Paragraph  4  of  section  1  was  adopted,  and  reads  as  follows : 
4th.  The  counties  of  Attala.  Chickasaw.  Choctaw.  Claiborne, 


644 


Copiah,  Jefferson,  Lafayette,  Lauderdale,  Pontotoc,  Oktibbeha, 
Panola,  Tippah,  Wilkinson,  Yalobusha,  Tishomingo,  and  Ran- 
kin, each,  two  Representatives. 

Paragraph  5  of  section  1  was  adopted,  and  reads  as  follows: 
5th.  The  counties  of  Amite,  Bolivar,  Calhoun,  Clarke,  Frank- 
lin, Issaquena,  Itawamba,  Jasper,  Kemper,  Lawrence,  Leake. 
Lee,  Pike,  Sunflower,  Scott,  Tallahatchie,  Winston,  Simpson, 
Coahoma,  Tunica,  Newton,  Neshoba,  Covington,  Smith,  Wayne, 
Davis,  Greene,  Jackson,  Hancock,  Marion,  Harrison,  and  Perry, 
each,  one  Representative. 
Sec.  % — Senate. 

Paragraph  1  of  section  2  was  adopted,  and  reads  as  follows: 
1st.  The  counties  of  Hancock,  Harrison,  Jackson,  Marion, 

Greene,  and  Perry,  shall  form  the  First  District,  and  elect  one 

Senator. 

Paragraph  2  of  section  2  was  adopted,  and  reads  as  follows: 
2d.  The  counties  of  Wilkinson  and  Amite,  the  Second  Dis- 
trict, and  one  Senator. 

Paragraph  3  of  section  2  was  adopted,  and  reads  as  follows: 
3d.  The  counties  of  Pike,  Lawrence,  and  Covington,  the 
Third  District,  and  one  Senator. 

Paragraph  4  of  section  2  was  adopted,  and  reads  as  follows ; 
4th.  The  county  of  Adams,  the  Fourth  District,  and  one  Sen- 
ator. 

Paragraph  5,  section  2,  was  adopted,  and  reads  as  follows: 
5th.  The  counties  of  Franklin,  and  Jefferson,  the  Fifth  Dis- 
trict, ane  one  Senator. 

Paragraph  6,  section  2,  was  adopted,  and  reads  as  follows : 
6th.  The  counties  of  Claiborne  and  Copiah,  the  Sixth  Dis- 
trict, and  one  Senator. 

Paragraph  7,  section  2,  was  adopted,  and  reads  as  follows : 
7th.  The  counties  of  Warren  and  Issaquena,  the  Seventh  Dis- 
trict, and  two  Senators. 
Paragraph  8,  section  2,  was  adopted,  and  reads  as  follows : 
8th.  The   counties  of  Hinds,  Rankin,   and  Simpson,  the 
Eighth  District,  and  two  Senators. 

Paragraph  9,  section  2,  was  adopted,  and  reads  as  follows :  . 
9th.  The  counties  of  Davis,  Jasper,  Clarke,  and  Wayne,  the 
Ninth  District,  and  one  Senator. 

Paragraph  10,  section  2,  was  adopted,  and  reads  as  follows : 
10th.  The  counties  of  Lauderdale  and  Kemper,  the  Tenth 
District,  and  one  Senator. 

Paragraph  11,  section  2,  was  adopted,  and  reads  as  follows: 
11th.  The  counties  of  Newton,  Smith,  and  Scott,  the  Elev- 
enth District,  and  one  Senator. 

Paragraph  12,  section  2,  was  adopted,  and  reads  as  follows : 
12th.  The  county  of  Madison,  the  Twelfth  District,  and  one 
Senator. 

Paragraph  13,  section  2,  was  adopted,  and  reads  as  follows: 
13th.  The  county  of  Yazoo,  the  Thirteenth  District,  and  one 
Senator. 

Paragraph  14?  section  2,  was  adopted,  and  reads  as  follows: 


645 


14th.  The  counties  of  Washington  and  Sunflower,  the  Four- 
teenth District,  and  one  Senator. 

Paragraph  15,  section  2,  was  adopted,  and  reads  as  follows: 
15th.  The  county  of  Holmes,  the  Fifteenth  District,  and  one 
Senator. 

Paragraph  16,  section  2,  was  adopted,  and  reads  as  follows: 
16th.    The  counties  of  Attala,  Leake,  and  Neshoba,  the  Six- 
teenth District,  and  one  Senator. 

Paragraph  17,  section  2,  was  adopted,  and  reads  as  follows : 
17th.  The  county  of  Noxubee,  the  Seventeenth  District,  and 
one  Senator. 

Paragraph  13,  section  2,  was  adopted,  and  reads  as  follows: 
18th.  The  counties  of  Lowndes  and  Oktibbeha,  the  Eigh- 
teenth District,  and  two  Senators. 

Paragraph  19,  section  2,  was  adopted,  and  reads  as  follows: 
19th.  The  counties  of  Choctaw  and  Winston,  the  Nineteenth 
District,  and  one  Senator. 

Paragraph  20,  section  2,  was  adopted,  and  reads  as  follows : 
20th.  The  county  of  Carroll,  the  Twentieth  District,  and  one 
Senator. 

Paragraph  21,  section  2,  was  adopted,  and  reads  as  follows: 
21st.  The  counties  of  Calhoun  and  Yalobusha,  the  Twenty  - 
first  District,  and  one  Senator. 
Paragraph  22: 

Mr.  Railsback  moved  to  amend  by  way  of  ryder.    Add  after 
the  word  "Senators,"  the  words  "one  from  each  count}?-;" 
Which  was  lost. 

And  paragraph  22  was  adopted,  and  reads  as  follews: 
22d.  The  counties  of  Chickasaw  and  Monroe,  the  Twenty- 
second  District,  and  two  Senators. 

Paragraph  23  was  adopted,  and  reads  as  follows : 
23d.  The  counties  of  Bolivar,  Coahoma,  and  Tunica,  the 
Twenty-third  District,  and  one  Senator. 

Paragraph  24  was  adopted,  and  reads  as  follows: 
24th.  The  counties  of  Panola  and  Tallahatchie,  the  Twenty- 
fourth  District,  and  one  Senator. 
Paragraph  25  was  adopted,  and  reads  as  follows : 
25th.  The  county  of  DeSoto,  the  Twenty-fifth  District,  and 
one  Senator. 

Paragraph  26  was  adopted,  and  reads  as  follows : 
26th.  The  county  of  Marshall,  the  -Twenty -sixth  District, 
and  one  Senator. 

Paragraph  27  was  adopted,  and  reads  as  follows : 
27th.  The  counties  of  Lafayette  and  Pontotoc,  the  Twenty- 
seventh  District,  and  one  Senator. 

Paragraph  28  was  adopted,  and  reads  as  follows: 
28th.  The  counties  of  Tishomingo  and  Itawamba,  the  Twenty- 
eighth  District,  and  one  Senator. 
Paragraph  29  was  adopted,  and  reads  as  follows: 
29th.  The  counties  of  Tippah  and  Lee,  the  Twenty-ninth 
District,  and  one  Senator. 
Mr.  Ozanne  moved  to  adopt  as  a  whole,  Article  XI  of  the 


646 


Constitution,  being  Apportionment,  and  refer  to  Committee 
on  Enrollment; 

Which  was  carried. 

The  ordinance  relating  to  illegal  tax  sales  was  taken  up  and 
put  upon  its  second  reading. 

Mr.  Morgan  moved  to  indefinitely  postpone  the  further  con- 
sideration of  the  same. 

Mr.  Orr  moved  to  lay  on  the  table : 

Which  was  lost. 

Pending  further  action  on  the  subject,  the  Convention 
adjourned  to  meet  to-morrow  morning  at  9  o'clock. 

T.  P.  Sears, 

Secretary. 


ONE  HUNDRED  AND  SIXTH  DAY. 

Jackson,  Miss.,  Friday,  May  8th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Chappell,  Clarke,  Com- 
bash,  Conley,  Cunningham,  Dowd,  Drane,  Fawn,  Fitzhugh, 
Gibbs,  Handy,  Hauser,  Herbert,  Holland,  Hutto,  Jamison, 
Johnson  S.,  Johnson  A.,  Lawson,  Leas,  Leonard,  Mayson, 
Mask,  Morgan,  Myers,  Mygatt,  McKnight,  Newsom,  Niles,  Orr, 
Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Powell,  Rails- 
back,  Richardson,  Stewart,  Stovall,  Stringer,  Stiles,  Toy,  War- 
ren, Weir,  Williams,  Woodmansee,  and  Yeoman — 5  6. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Beam,  Chapman,  Collins,  Elliott  John,  Elliott 
James,  Field,  Howe,  Jacobs,  Jones,  Kerr,  Lack,  Musgrove, 
Miles,  Moore,  McKee,  Neilson,  Nelms,  Peyton  E.  G.,  Quinn, 
Rainey,  Smith,  Stites,  and  Walker — 24. 

On  motion,  the  reading  of  the  Journal  was  dispensed  with. 

Leave  of  absence  was  granted  Mr.  Barry  for  three  days. 

The  following  was  presented  as  a  report  of  the  committee  on 
Removal  of  the  Capitol : 

To  the  President  and  M embers  of  Constitutional  Convention  : 

Your  committee  on  the  Removal  of  the  State  Capitol  would 
beg  leave  to  report  the  following,  which  they  ask  to  be  made 
part  of  the  Constitution  as  section  —  of  Article  II,  Leg- 
islative Department : 

Sec.  — .  The  first  and  all  meetings  of  the  Legislature  shall 
be  held  in  the  city  of  Jackson,  until  the  year  one  thousand. 


647 


eight  hundred  and  seventj^-five,  after  which  time  all  meetings 
of  the  Legislature  shall  be  held  at  Kosciusko,  or  such  other 
place  in  Attala  count}',  near  the  geographical  center  of  the 
State,  as  the  Legislature  may  provide.  The  first  and  each  suc- 
ceeding Legislature  shall  make  the  necessary  appropriations 
for  the  purchase  of  a  site,  and  for  the  erection  of  the  necessary 
public  buildings,  and  cause  the  same  to  be  done,  and  to  do  any5 
ever}T,  and  all  things  necessary  to  carry  into  effect  this  pro- 
vision of  the  Constitution. 

Also  as  section  22,  Article  XII,  General  Provisions: 
Sec.  — .  The  place  designated  in  this  Constitution,  where  the 
regular  meetings  of  the  Legislature  may  be  held,  shall  be 
deemed  and  held  to  be  the  Capitol  of  the  State  of  Mississippi, 
and  the  Governor  and  all  other  State  officers,  shall  keep  their 
respective  offices  in  or  at  the  capital  of  the  State,  unless  other- 
wise provided  by  law 

S.  C.  Conley, 

Chairman. 
W.  V.  McKnight, 
D.  N.  Quinn, 
N.  B.  Bridges, 
John  Elliott, 
H.  Mask, 
N.  J.  Chappell, 

W.  T.  COMBASH, 

Committee. 

Report  received. 

Mr.  Conley  moved  to  suspend  the  rules,  and  the  section 
passed  its  first,  reading. 

Mr.  Morgan  moved  to  indefinitely  postpone. 
Mr.  Fitzhugh  moved  the  previous  question; 
Which  was  not  sustained. 
And  the  subject  lies  over. 

Mr.  Clarke  moved  to  suspend  the  rules,  and  farther  consider 
the  subject, 

Mr.  Gibbs  moved  to  table; 
Which  was  lost. 

Mr,  Gibbs  moved  the  previous  question ; 
Which  was  not  sustained; 
And  the  motion  lies  over. 

Mr.  Morgan  moved  to  suspend  the  rules  and  take  up  the 
order  of  the  day ; 
Which  was  carried. 

Leaves  of  absence  were  granted,  to  Mr.  Chappell  for  one-halt 
day ;  to  Mr.  Jacobs,  for  one  day. 

The  motion  of  Mr.  Morgan  to  indefinitely  postpone  the  ordi- 
nance relating  to  tax  sales,  pending  on  adjournment,  being  taken 
up,  wascarried,  by  the  following  vote: 

Yeas — Messrs.  Bonne}T,  Brinson,  Caldwell,  Clarke,  Conley. 
Cunningham,  Drane,  Fawn,  Fitzhugh,  Handy,  Herbert,  Johnson 
S.,  Johnson  A.,  Lawson,  Leas,  May  son,  Morgan,  Myers,  My 
gatt,  Newsom,  Miles,  Parsons  J.  E.,  Peyton  E.  A.?  Powell. 


648 


Stewart,  Stites,  Stringer,  Stiles,  Toy,  Warren,  Woodman  see, 
and  Yeoman — 32. 

Nays — Messrs.  Alcorn,  Ballard,  Bridges,  Castello,  Chapman, 
Dowd,  Gibbs,  Hauser,  Holland,  Hutto,  Jamison,  Mask,  Mc- 
Knight,  Orr,  Ozanne,  Railsback,  Richardson,  Stovall,  Weir, 
and  Williams — 20. 

The  Convention  proceeded  to  the  final  consideration  of 
General  Provisions,  being  Article  XII  of  the  Constitution. 

And  section  1  was  adopted,  and  reads  as  follows : 

Section  1.  The  political  }^ear  of  the  State  of  Mississippi 
shall  commence  on  the  first  Monday  of  January  in  each  year, 
and  the  general  election  shall  be  holden  on  the  first  Tuesday 
succeeding  the  first  Monday  in  November,  biennially. 

Section  2  was  adopted,  and  reads  as  follows : 

Sec.  2.  The  Legislature  shall  pass  laws  to  exclude  from  office, 
and  from  suffrage,  those  who  shall  hereafter  be  convicted  of 
bribery,  perjury,  forgery,  or  other  high  crimes  or  misde- 
meanors; and  every  person  shall  be  disqualified  from  holding 
an  office  or  place  of  honor,  profit  or  trust,  under  the  authority 
of  this  State,  who  shall  be  convicted  of  having  given  or  offered 
any  bribe  to  procure  his  election  or  appointment. 

Section  3  was  adopted,  and  reads  as  follows: 

Sec.  3.  No  person  who  denies  the  existence  of  a  Supreme 
Being  shall  hold  any  office  in  this  State. 

Section  4  was  adopted,  and  reads  as  follows : 
Sec.  4.  The  Legislature  shall  provide  by  law  for  the  indict- 
ment and  trial  of  persons  charged  with  the  commission  of  any 
felony,  in  any  county  other  than  that  in  which  the  offense  was 
committed,  whenever,  owing  to  prejudice,  or  any  other  cause, 
an  impartial  grand  or  petit  jury  cannot  be  empaneled  in  the 
county  in  which  the  offense  was  committed. 

Section  5  was  adopted,  and  reads  as  follows: 

Sec.  5.  The  credit  of  the  State  shall  not  be  pledged  or 
loaned  in  aid  of  any  person,  association,  or  corporation;  nor 
shall  the  State,  hereafter,  become  a  stockholder  in  any  corpora- 
tion or  association. 

Section  6: 

Mr.  Leas  moved  to  indefinitely  postpone  further  considera- 
tion; 

Which  was  carried. 
Section  7: 

Mr.  Castello  moved  that  the  Convention  go  into  Committee 
of  the  Whole  to  consider  section  7; 
Which  was  carried. 

And  after  certain  action  had  therein,  the  committee  ros^e,  and 
through  their  chairman,  Mr.  Orr,  reported  section  7  so  amended 
as  to  read  as  follows : 

Sec  7.  The  term  of  office  of  all  county,  township,  and  pre- 
cinct officers  shall  expire  within  thirty  clays  after  this  Constitu- 
tion shall  have  been  ratified,  and  the  Governor  shall,  by  and 
with  the  advice  and  consent  of  the  Senate,  thereafter  appoint 
such  officers,  whose  term  of  office  shall  continue  until  the  Legis- 


649 


lature  shall  provide,  "by  law,  for  an  election  of  saie1  officers; 
Provided,  The  present  incumbents  of  all  comity,  township, 
district,  and  beat  officers  shall  hold  their  respective  offices  until 
their  successors  are  legally  appointed  or  elected,  and  duly 
qualified. 

Mr.  Newsom  moved  to  receive  and  adopt  the  report ; 
Which  was  carried. 

And  the  section  as  amended  in  Committee  of  the  Whole  was 
adopted,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Bonney,  Bridges,  Brinson, 
Castello,  Chapman,  Clarke,  Cunningham,  Dowd,  Drane,  Fitz- 
liugh,  Gibbs,  Holland,  Hutto,  Jamison,  Johnson  S.,  Lawson, 
Leas,  Mask,  Myers,  Mygatt,  McKnight,  Newsom,  Orr,  Parsons 
F.,  Peyton  E.  A.,  Powell,  Railsback,  Richardson,  Stewart,  Sto- 
vall,  Stringer,  Toy,  Warren,  Williams,  and  Yeoman — 37. 

Nays — Messrs.  Ballard,  Conley,  Handy,  Hauser,  Herbert, 
Johnson  A.,  Leonard,  Morgan,  Stiles,  and  Woodmansee — 10. 

And  reads  as  above. 

And  section  8  was  adopted,  and  reads  as  follows : 
Sec.  8.  In  all  cases,  not  otherwise  provided  for  in  this  Con- 
stitution, the  Legislature  may  determine  the  mode  of  filling  all 
vacancies  in  all  offices,  and  shall  define  their  respective  powers, 
and  provide  suitable  compensation  for  all  officers. 
And  section  9  was  adopted,  and  reads  as  follows: 
Sec  9.  The  Legislature,  at  its  first  session,  shall  provide  by 
law  for  the  sale  of  all  delinquent  tax  lands.    The  courts  shall 
apply  the  same  liberal  principles  in  favor  of  such  titles  as  in 
sale  by  execution. 

And  section  10  was  adopted,  and  reads  as  follows: 
Sec.  10.  No  laws  of  a  general  feature,  unless  otherwise  pro- 
vided for,  shall  be  enforced  until  sixty  days  after  the  passage 
thereof. 

And  section  11  was  adopted,  and  reads  as  follows : 
Sec.  11.  It  shall  be  the  duty  of  the  Legislature  to  regulate 
by  law,  the  cases  in  which  deduction  shall  be  made  from  sala- 
ries of  public  officers,  for  neglect  of  duty  in  their  official 
capacity,  and  the  amount  of  said  deduction. 
Section  12 : 

Mr.  Orr  moved  to  go  into  Committee  of  the  Whole  for  the 
consideration  of  the  section; 
Which  was  laid  on  the  table. 

And  section  12  was  adopted,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Bonne}^  Bridges, 
Brinson,  Caldwell,  Castello,  Chapman,  Clarke,  Cunningham, 
Dowd,  Drane,  Fitzhugh,  Gibbs,  Hauser,  Herbert,  Lawson, 
Leas,  Mayson,  Myers,  Mygatt,  McKnight,  Newsom,  Orr. 
Ozanne,  Peyton. E.  A.,  Powell,  Railsback,  Stites,  Stringer,  Stiles, 
Toy,  Warren,  Weir,  Yeoman — 36. 

Nays — Messrs.  Fawn,  Handy,  Jamison,  Johnson  S., 
Johnson  A.,  Leonard,  Mask,  Morgan,  Parsons  F.,  Richardson, 
Stovall— 11. 

And  the  section  reads  as  follows : 


650 


Sec.  12.  The  Legislature,  at  its  first  session  under  this  Con- 
stitution, shall  have  authority  to  designate  hy  law,  such  loyal 
paper,  or  papers,  in  each  Circuit  Court  District,  as  shall  publish 
all  legal  advertising,  and  such  official  printing  as  shall  be  re- 
quired by  law,  in  such  Circuit  Court  District,  and  fix  the  com- 
pensation therefor. 

Section  13: 

Mr.  Newsom  moved  to  go  into  Committee  of  the  Whole  to 
consider  the  section. 

Mr.  Fitzhugh  moved  to  table; 
Which  was  carried. 

Mr.  Cunningham  moved  the  previous  question; 
Which  was  sustained. 

And  section  13  was  adopted,  and  reads  as  follows: 
Sec.  13.  No  corporate  body  shall,  hereaftar,  be  created,  re- 
newed, or  extended,  with  the  privilege  of  making,  issuing,  or 
putting  in  circulation,  any  notes,  bills,  or  other  paper,  or  the 
paper  of  any  other  bank,  to  circulate  as  money;  and  the  Legis- 
lature shall  prohibit  by  law,  individuals  or  corporations  from 
issuing  bills,  checks,  tickets,  promissory  notes,  or  other  papers, 
as  money.  But  nothing  herein  contained  shall  be  construed  as 
preventing  corporations  or  associations  from  forming  for  such 
purposes,  under  the  acts  of  Congress  for  a  National  system  of 
Banking. 

The  Convention  adjourned  to  meet  at  3  o'clock,  p.  m., 
AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alclerson,  Alcorn,  Ballard,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke,  Conley,  Cunningham,  Dowd,  Drane,  Fawn,  Fitzhugh, 
Gibbs,  Handy,  Hauser,  Herbert,  Holland,  Hutto,  Jamison, 
Johnson  S.,  Johnson  A.,  Lack,  Lawson,  Leas,  Leonard,  May- 
son,  Mask,  Musgrove,  Morgan,  Myers,  Mygatt,  McKnight, 
Newsom,  Niles,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Pey- 
ton E.  A.,  Powell,  Quinn,  Railsback,  Richardson,  Stewart, 
Stites,  Stovall,  Stringer,  Stiles,  Toy,  Warren,  Weir,  Woodman- 
see,  Yeoman — 59. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Beam,  Collins,  Combash,  Elliott  John,  Elliott 
James,  Field,  Howe,  Jacobs,  Jones,  Kerr,  Miles,  Moore,  McKee, 
Neilson,  Nelms,  Peyton  E.  G.,  Rainey,  Smith,  Walker,  Wil- 
liams— 21. 

The  Convention  resumed  the  consideration  of  Article  XII. 
And  section  14  was  adopted,  and  reads  as  follows: 
Sec.  14,  The  property  of  all  corporations  for  pecuniary 
profits,  shall  be  subject  to  taxation,  the  same  as  that  of  indi- 
viduals. 

Section  15  was  adopted,  and  reads  as  follows: 


651 


Sec.  15.  The  Legislature  shall  not  authorize  any  county, 
city,  or  town,  to  become  a  stockholder  in,  or  to  loan  its  credit 
to  any  company,  association,  or  corporation,  unless  two-thirds 
of  the  qualified  voters  of  such  county,  city,  or  town,  at  a 
special  election,  or  regular  election,  to*  be  held  therein,  shall 
assent  thereto. 

Section  16  : 

Mr.  Herbert  moved  to  amend,  by  way  of  rider:  Strike  out 
all  after  the  word  "  allowed,"  in  the  fourth  line,  to  the  end  of 
the  section; 

Which  was  laid  on  the  table. 

Mr.  Castello  moved  the  previous  question; 

Which  was  sustained; 

And  section  16  was  adopted,  by  the  following  vote: 

Yeas — Messrs.  Bonney,  Bridges,  Brinson,  Caldwell,  Castello, 
Chapman,  Chappell,  Clarke,  Dowd,  Drane,  Fawn,  Fitzhugh, 
Handy,  Holland,  Johnson  A.,  Lawson,  Leas,  Morgan,  Myers, 
McKnight,  Newsom,  Ozanne,  Parsons  J.  R.,  Eichardson,  Stew- 
art, Stiles,  Stringer,  Weir,  Yeoman — 29. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Conley,  Cunning- 
ham, Gibbs,  Herbert,  Hutto,  Jamison,  Johnson  S.,  Lack,  Mask, 
Musgrove,  Niles,  Railsback,  Stites,  Woodmansee — 17. 

And  reads  as  follows : 

Sec.  16.  The  Legislature  shall  never  authorize  an}'  lottery, 
nor  shall  the  sale  of  lottery  tickets  be  allowed,  nor  shall  any 
lottery  heretofore  authorized,  be  permitted  to  be  drawn,  or 
tckets  therein  to  be  sold. 

Section  17  was  adopted,  and  reads  as  follows: 
Sec.  17.  No  county  shall  be  denied  the  right  to  raise,  by 
special  tax,  money  sufficient  to  pay  for  the  building  and  repair- 
ing of  court-houses,  jails,  bridges,  and  other  necessary  con- 
veniences for  the  people  of  the  count}';  and  money  thus  col- 
lected shall  never  be  appropriated  for  any  other  purposes; 
Provided,  The  tax  thus  levied  shall  be  a  certain  per  cent,  on 
all  tax  levied  by  the  State. 

Section  18  was  adopted,  and  reads  as  follows: 
Sec  18.  Liabilities  of  banks,  associations,  and  other  corpo- 
rations, shall  be  secured  by  legislative  enactments;  but  in  all 
cases,  no  stockholder  shall  be  individually  liable  over  and  above 
the  stock  by  him  or  her  owned,  unless  so  specified  in  the  arti- 
cles of  association  or  act  of  incorporation. 
Section  19  was  adopted,  and  reads  as  follows : 
Sec.  19.  All  lands  sold  in  pursuance  of  decree  of  courts  or 
execution,  shall  be  divided  into  tracts  not  to  exceed  one  hun- 
dred and  sixty  acres. 

Section  20  was  adopted,  and  reads  as  follows : 
Sec.  20.  Returns  of  all  elections  by  the  people  shall  bemad< 
to  the  Secretary  of  State  in  such  manner  as  may  be  prescribed 
by  law. 

Section  21  was  adopted,  and  reads  as  follows: 

Sec.  21.  Taxation  shall  be  equal  and  uniform  throughout  the 


652 

State.  All  property  shall  be  taxed  in  proportion  to  its  value, 
to  be  ascertained  as  directed  by  law. 

Section  22  was  adopted,  and  reads  as  follows : 

Sec.  22.  The  State  of  Mississippi  shall  never  assume  nor  pay 
any  debt  or  obligation  contracted  in  aid  of  the  rebellion,  nor 
shall  this  State  ever  in  any  manner  claim  from  the  United 
States,  or  make  any  allowance  or  compensation  for  slaves 
emancipated  or  liberated  in  any  way  whatever  since  the  9th 
day  of  January,  1861. 

Mr.  Niles  moved  to  go  into  Committee  of  the  Whole,  to  take 
into  consideration  section  23  ; 

Which  was  carried. 

The  Committee  of  the  Whole,  through  their  chairman,  Mr.  F. 
Parsons,  reported  certain  action  had  therein. 

Mr.  Cunningham  moved  to  go  into  Committee  of  the 
Whole; 

Which  was  carried. 

The  committee,  after  certain  proceedings  had  therein,  through 
their  chairman,  Mr.  Orr,  presented  the  following  report: 

lhat  no  action  was  had  on  section  23  of  Article  XII,  for  want 
of  a  quorum. 

The  Convention  adjourned  to  meet  to-morrow,  at  9  a.  m. 

T.  P.  Sears, 

Secretary. 


ONE  HUNDRED  AND  SEVENTH  DAY. 

Jackson,  Miss.,  Saturday,  May  9th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names. 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke,  Conley,  Cunningham,  Dowd,  Drane,  Fawn,  Fitzhugh, 
Gibbs,  Handy,  Hauser,  Harbert,  Holland,  Hutto,  Jacobs,  Jami- 
son, Johnson  S.,  Johnson  A.,  Lack,  Lawson,  Leas,  Leonard, 
Mask,  Mayson,  Musgrove,  Morgan,  Myers,  Mygatt,  McKnight, 
Newsom,  Niles,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  P.,  Peyton 
E.  A.,  Powell,  Quinn,  Railsback,  Richardson,  Stewart,  Stiles, 
Stovall,  Stringer,  Stites,  Toy,  Warren,  Weir,  Williams,  Wood- 
mansee,  and  Yeoman — 61. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Beam,  Collins,  Combash,  Elliott  John,  Elliott 
James,  Field,  Howe,  Jones,  Kerr,  Miles,  Moore,  McKee,  Neilson , 
Nelms,  Peyton  E.  G.,  Rainey,  Smith,  and  Walker — 19. 

On  motion,  the  reading  of  the  Journal  was  dispensed  with. 
Leaves  of  absence  were  granted,  to  Mr.  Ozanne  from  day  to  day; 


to  Mr.  Beam  for  one  day;  to  Mr.  Combash  for  two  days;  and  to 
Mr.  Caldwell  for  one  day. 

On  motion  of  Mr.  Gibbs.  the  rules  were  suspended  to  enable 
him  to  introduce  a  resolution. 

Mr.  Gibbs  offered  the  following: 

Be  it  resolved  by  the  Peojjle  of  the  State  of  Jfississippi,  in 
Convention  assembled.  That  the  Auditor  of  the  State  be,  and 
is  hereby  authorized,  to  issue  duplicate  Convention  Warrants 
to  any  person  or  persons  who  may  have  lost,  or  may  have  had 
the  same  destroyed,  said  person  or  persons  being  first  required 
to  make  affidavit  of  said  loss,  and  file  a  bond  of  indemnity  to 
the  State  of  good  and  sufficient  security  against  all  losses. 

Under  the  operation  of  the  previous  question,  moved  by  Mr. 
Cunningham,  and  sustained,  the  resolution  was  lost. 

The  committee  on  Enrollment  submitted  the  following  re- 
port : 

Mr  President,  and  members  of  the  Convention  : 

Your  committee  on  Enrollment,  have  examined  an  ordinance 
supplementary  to  an  ordinance  providing  for  the  levy  and  col- 
lection of  a  tax  upon  the  real  and  movable  property  of  the 
State  of  Mississippi,  adopted  in  Convention  February  27, 1S6S: 
and  have  instructed  me  to  report  that  they  have  found  it  cor- 
rectly enrolled. 

James  Weir, 
Chairman. 

Report  received. 

Mr.  Morgan  moved  to  suspend  the  rules  to  take  up  the  reg- 
ular order  of  the  day; 
Which  was  carried. 

The  Convention  then  resumed  the  consideration  of  Article 
XII  of  the  Constitution. 
Section  23 : 

By  unanimous  consent,  the  following  was  substituted  for 
section  23 : 

Sec.  23.  All  persons  who  have  not  been  married,  but  are  now 
living  together,  cohabiting  as  husband  and  wife,  shall  be  taken 
and  held  for  all  purposes  in  law,  as  married,  and  their  children, 
whether  born  before  or  after  the  ratification  of  this  Constitu- 
tion, shall  be  legitimate,  and  the  Legislature  may  by  law,  pun- 
ish adultery  and  concubinage. 

Mr.  Alderson  moved  to  go  into  Committee  of  the  Whole; 

Mr.  Fitzhugh  moved  to  table; 

Which  was  carried. 

Mr.  Morgan  moved  to  amend  by  way  of  rycler: 
•;  And  alf  persons  who  shall  hereafter  continue  unlawfully  to 
live  and  cohabit  together,  one  or  both  of  the  parties  being 
lawfully  married,  shall  be  taken  and  held  as  high  criminals 
against  the  peace  and  dignity  of  the  State,  and  shall  be  liable 
to  not  more  than  ten  nor  less  than  two  years  imprisonment  in  the 
State  Penitentiary,  and  in  addition  thereto,  to  a  fine  of  not  more 


654 


than  ten  nor  less  than  one  thousand  dollars,  or  both,  at  the  dis- 
cretion of  the  court. 

Mr.  Parsons  moved  to  table; 

Which  was  carried. 

Mr.  F.  Parsons  moved  the  previous  question ; 
Which  was  sustained. 

And  under  the  operation  thereof,  the  substitute  for  the 
original  section  was  adopted,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Brinson,  Caldwell,  Castello, 
Clarke,  Dowd,  Drane,  Fitzhugh,  Gibbs,  Hauser,  Holland,  Jami- 
son, Lack,  Leas,  May  son,  Morgan,  Myers,  Mygatt,  McKnight, 
Newsom,  Ozanne,  Parsons  F.,  Peyton  E.  A.,  K-ailsback,  Stewart, 
Stiles,  Stovall,  Stringer,  Toy,  Warren,  Williams,  Yeoman — 33. 

Nays — Messrs.  Ballard,  Chapman,  Conley,  Cunningham, 
Fawn,  Handy,  Herbert,  Hutto,  Jacobs,  Johnson  S.,  Johnson  A., 
Mask,  Musgrove,  Mies,  Orr,  Powell,  Stiles,  and  Weir — 18. 

And  reads  as  above. 

Mr.  Morgan  moved  to  reconsider. 

Mr.  Fitzhugh  moved  to  table; 

Which  was  carried. 

Section  24  was  adopted,  and  reads  as  follows: 
Sec.  24.  There  shall  be  a  Commissioner  of  Immigration  and 
Agriculture,  who  shall  be  elected  by  the  Legislature  on  joint 
ballot,  who  shall  hold  his  office  for  the  term  of  four  years, 
unless  sooner  removed  by  law. 
Section  25: 

Mr.  Fitzhugh  moved  the  previous  question; 
Which  was  sustained. 

And  section  25  was  adopted,  and  reads  as  follows : 

Sec.  25.  The  next  Legislature  shall  have  power  to  repeal 
statutes  of  limitation,  pass  relief,  stay,  injunction,  insolvent  and 
homestead  laws,  and  to  pass  an}^  and  every  act  deemed  neces- 
sary for  the  relief  of  debtors,  subject  only  to  the  restrictions 
imposed  by  the  Constitution  of  the  United  States. 

Mr.  Castello  moved  to  go  into  Committee  of  the  Whole  to 
consider  an  additional  section  to  Article  XII. 

Mr.  Fitzhugh  moved  the  previous  qestion, 

Which  was  sustained; 

And  the  motion  of  Mr.  Castello  was  carried. 

The  committee  rose,  and  through  their  chairman,  Mr.  Mus- 
grove, reported  no  action  in  Committee  of  the  Whole. 

Mr.  Castello  moved  to  go  into  Committee  of  the  Whole  to 
consider  Article  XII  of  the  Constitution. 

A  motion  to  table  was  lost. 

Mr.  Fitzhugh  moved  the  previous  question, 

Which  was  sustained; 

And  the  motion  to  go  into  Committee  of  the  Whole,  to  con- 
sider section  19,  was  carried. 

The  committee  rose,  and  through  their  chairman,  Mr.  Mus- 
grove, reported  no  action  in  Committee  of  the  Whole,  on 
section  19. 


655 


Mr.  Castello  moved  to  go  into  Committee  of  the  Whole,  to 
consider  the  additional  section  to  Article  XII. 

The  previous  question  called,  call  sustained,  and  the  motion 
of  Mr.  Castello  was  carried. 

And  after  certain  action  had  therein,  the  committee  rose, 
and  through  their  chairman,  Mr.  Orr,  reported  the  following 
additional  section  to  Article  XII  of  the  Constitution : 

Sec.  24.  The  following,  among  other  crimes,  shall  be  cons:  l- 
ered  and  taken  in  law  as  high  crimes  and  misdemeanors,  and, 
on  conviction  of  which,  any  officer  ma}"  be  impeached:  Drunk- 
enness in  office,  adultery  and  concubinage. 

Sec.  25.  Representatives  in  Congress  to  fill  the  existing 
vacancies  shall  be  elected  at  the  same  time  this  Constitution  is 
submitted  to  the  electors  of  the  State  for  ratification,  and  for 
the  full  term  next  succeeding  their  election;  and  thereafter 
the  elections  for  Representatives  in  Congress  shall  be  held 
biennially — the  first  election  shall  be  held  on  the  first  Tuesday 
after  the  first  Monday  in  November  preceding  the  expiration 
of  said  full  term.  . 

And  the  committee  farther  reported  that  additional  sections 
were  under  consideration,  and  asked  leave  to  sit  again. 

Reports  received  and  leave  granted. 

Convention  adjourned  to  meet  at  3  o'clock,  p.  m. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Bonney, 
Bridges,  Brinson,  Castello,  Chapman,  Chappell,  Clarke,  Conley. 
Fawn,  Fitzhugh,  Gibbs, '  Handy,  Herbert.  Holland,  Hutto. 
Johnson  S.,  Lack,  Lawson,  Leas,  Leonard.  Mayson,  Mask. 
Musgrove,  Morgan,  McKnight,  Xiies.  Orr,  Ozanne,  Parsons 
F.,  Parsons  J.  R.,  Powell,  Railsback,  Stewart,  Stites,  Stovall, 
Toy,  Warren,  Weir,  and  Woodmansee,  Yeoman — 44. 

The  following  delegates  were  absent: 

Messrs.  Barry,  Beam,  Caldwell,  Collins,  Combash,  Cunning- 
ham. Dowd.  Drane,  Elliott  John,  Elliott  James,  Hauser,  Howe. 
Jacobs,  Jamison,  Johnson  A.,  Jones,  Kerr.  Miles,  Myers, 
Moore,  Mygatt,  McKee,  Neilson,  Xelms,  Xewsom.  Peyton  E. 
A.,  Peyton  E.  G.,  Quinn,  Rainey,  Richardson,  Smith,  Stiles, 
Stringer,  Walker,  Williams — 35. 

Leave  of  absence  was  granted  to  Mr.  Richardson  for  one  day. 

Mr.  Clarke  moved  to  adopt  the  report  of  the  Committee  of 
the  Whole; 

Which  was  carried. 

And  the  question  on  report  being  divided, 

Mr.  F.  Parsons  offered  the  following  amendment  to  section 
2-4,  by  way  of  ryder : 

"  Provided,  They  admit  the  civil  and  political  equality-  of  ail 
men." 


656 


Mr  Castello  moved  to  lay  the  section  and  ryder  on  the  table; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Brinson,  Castello, 
Chappell,  Clarke,  Conley,  Gibbs,  Hauser,  Herbert,  Holland, 
Hutto,  Jacobs,  Johnson  S.,  Lack,  Mayson,  Mask,  Musgrove, 
Miles,  Ozanne,,  Parsons  F.,  Parsons  J.  R.,  Powell,  Railsback, 
Stewart,  Stovall,  Toy,  Warren,  Weir,  Williams,  Woodmansee, 
Yeoman — 33. 

Nays — Messrs.  Bonney,  Chapman,  Fitzhugh,  Handy,  Jami- 
son, Lawson,  Leas,   Leonard,  Morgan,  McKnight,  Orr,  and 

Stiles— 12. 

Mr.  Musgrove  moved  to  strike  from  the  Journal  section  24, 
and  all  proceedings  had  thereon,  as  reported  from  the  Commit- 
tee of  the  Whole; 

Which  was  lost. 

And  section  25,  as  reported  from  the  Committee  of  the 
Whole,  was,  under  the  operation  of  the  previous  question,  lost, 
by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Castello,  Clarke,  Conley, 
Fitzhugh,  Gibbs,  Jacobs,  Jamison,  Lawson,  Leas,  Mask, 
McKnight,  Orr,  Parsons  F.,  Powell,  Railsback,  Stovall,  Toy, 
Yeoman — 20. 

Nays — Messrs.  Ballard,  Bonney,  Bridges,  Brinson,  Chapman, 
Chappell,  Handy,  Hauser,  Herbert,  Holland,  Hutto,  Johnson  S., 
Lack,  Leonard,  Mayson,  Musgrove,  Morgan,  Miles,  Ozanne, 
Parsons  J.  R.,  Stewart,  Stiles,  Warren,  Weir,  and  Woodman- 
see — 25. 

Mr.  Leas  moved  to  adopt  Article  XII  of  tne  Constitution  a  a 
whole,  and  refer  to  committee  on  Enrollment. 
Mr.  Fitzhugh  moved  to  table. 

Pending  consideration  of  the  same,  the  Convention  adjourned 
to  meet  Monday  morning  at  9  o'clock. 

T.  P.  Sears, 

Secretary, 


ONE  HUNDRED  AND  EIGHTH  DAY. 

Jackson,  Miss.,  Monday,  May  11  th,  1868. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr,  President,  Messrs.  Alcorn,  Alderson,  Ballard,  Beam, 
Bonney,  Bridges,  Brinson,  Castello,  Clarke,  Combash,  Conley, 
Cunningham,  Dowd,  Drane,  Fawn,  Fitzhugh,  Gibbs,  Handy, 
Hauser,  Herbert,  Howe,  Hutto,  Jacobs,  Jamison,  Johnson  A., 
Lack,  Lawson,  Leas,  Leonard,   Mask,  Musgrove,  Mygatt, 


657 


McKnight,  Nelms,  Newsom,  Niles,  Orr,  Parsons  F.,  Powell, 
Railsback,  Richardson,  Stewart,  Stiles,  Stringer,  Stites,  Toy, 
Warren,  Weir,  Williams,  Woodmansee,  and  Yeoman — 52. 
The  following  delegates  were  absent: 

Messrs.  Barry,  Caldwell,  Chapman,  Chappell,  Collins,  Elliott 
James,  Elliott  John,  Field,  Holland,  Johnson  S.,  Jones,  Kerr, 
Mayson,  Miles,  Moore,  Morgan,  Myers,  McKee,  Neilson, 
Ozanne,  Parsons  J.  R.,  Peyton  E.  A.,  Peyton  E.  G.,  Quinn, 
Raine}7,  Smith,  Stovall,  and  Walker — 28. 

Journal  of  Saturday  read  and  approved. 

Leaves  of  absence  were  granted,  to  Mr.  Stovall,  from  day  to 
day;  to  Mr.  Holland,  from  day  to  day;  to  Mr.  Chappell,  for 
one  da}7;  to  Mr.  S.  Johnson,  for  two  da}-s. 

Mr.  Castello  moved  to  reconsider  the  vote  on  additional 
section  25,  had  on  Saturday; 

Which  was  carried. 

Mr.  Cunningham  moved  to  adopt  the  section; 
Previous  question  called,  call  sustained, 
And  the  section  was  adopted,  by  the  following  vote : 
Yeas — Messrs.  Alderson,  Bonney,  Bridges,  Brinson,  Castello, 
Clarke,  Cunningham,  Dowd,  Drane,  Fitzhugh,  Gibbs,  Hand}7, 
Hauser,  Howe,  Jacobs,  Jamison,  Johnson  A.,  Lawson,  Mask, 
Mygatt,  Newsom,  Orr,  Parsons  F.,  Railsback,  Stiles,  Stites, 
Toy,  Williams,  Woodmansee,  and  Yeoman — 30. 

Nats — Messrs.  Ballard,  Beam,  Combash,  Con  ley,  Fawn,  Her- 
bert, Hutto,  Lack,  Leas,  Musgrove,  Nelms,  Powell,  Richardson, 
Stewart,  Stringer,  Warren,  and  Weir — 17. 
And  reads  as  follows : 

S*ec.  25.  Representatives  in  Congress  to  fill  the  existing 
vacancies  shall  be  elected  at  the  same  time  this  Constitution 
is  submitted  to  the  electors  of  the  State  for  ratification,  and 
for  the  full  term  next  succeeding  their  election,  and  thereafter 
elections  for  Representatives  in  Congress  shall  be  held  bien- 
nially. The  first  election  shall  be  held  on  the  first  Tuesday 
after  the  first  Monday  in  November  preceding  the  expiration 
of  said  full  term. 

Mr.  Fitzhugh  moved  to  reconsider. 

Mr.  Gibbs  moved  to  table; 

Which  was  carried. 

Mr.  Castello  moved  to  go  into  Committee  of  the  Whole  to 
consider  additional  sections  to  Article  XII; 
Which  was  carried. 

And  after  certain  action  had  therein,  committee  rose,  and 
through  their  chairman,  Mr.  Musgrove,  reported  the  following 
additional  sections  as  adopted  in  Committee  of  the  Whole: 

Sec.  — .  Members  of  the  Legislature,  and  all  other  officers 
elected  or  appointed  to  any  office  in  this  State  shall,  before 
entering  upon  the  discharge  of  the  duties  thereof,  take  and 
subscribe  to  the  following  oath  of  office : 

"  I,  ,  do  solemnly  swear  (or  affirm)  that  I  will  faith- 
fully support  and  true  allegiance  bear  the  Constitution  of  the. 
United  States  and  the  State  of  Mississippi,  and  obey  the  laws 
C— 42 


658 


thereof;  that  I  am  not  disqualified  from  holding  office  by  the 
Constitution  of  the  United  States,  or  the  State  of  Mississippi  : 
that  I  have  never,  as  a  member  of  any  Convention,  voted  for 
or  signed  any  ordinance  of  secession;  that  I  have  never,  as  a 
member  of  any  State  Legislature,  voted  for  the  call  of  any 
Convention  that  passed  any  such  ordinance  ;  that  I  will  faith- 
fully discharge  the  duties  of  the  office  upon  which  I  am  about 
to  enter;  so  help  me  God." 

Mr.  Clarke  moved  to  receive  and  adopt  the  report. 
On  a  division  of  the  question,  the  report  was  received,  and 
under  the  operation  of  the  previous  question,  the  report  was 
adopted,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Bonney,  Bridges,  Brinson, 
Castello,  Clarke,  Combash.  Conley,  Cunningham,  Drane,  Fawn. 
Fitzhugh,  Gibbs,  Hand}*-,  Herbert,  Jacobs,  Johnson  A.,  Leas. 
Mask,  Mygatt,  Newsom,  Niles,  Orr,  Parsons  F.,  Railsback, 
Powell,  Stewart,  Stites,  Stringer,  Toy,  Warren,  Williams,  Wood- 
man see — 34. 

Nays — Messrs.  Ballard,  Beam,  Dowd,  Hauser,  Howe,  Hutto, 
Lack,  Lawson,  Musgrove,  Myers,  McKnight,  Stiles,  Weir — 13. 

Mr.  Alderson  moved  to  reconsider  section  25,  of  General 
Provisions. 

Mr.  Fitzhugh  moved  to  lay  the  amendment  on  the  table;  « 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  '  Bonney,  Bridges,  Castello,  Clarke,  Dowd, 
Fitzhugh,  Gibbs,  Hauser,  Howe,  Hutto,  Jamison,  Lawson, 
Leas,  Mask,  Mygatt,  McKnight,  Parsons  F.,  Powell,  Railsback, 
Stewart,  Stringer,  Stiles,  Toy,  Warren,  and  Weir — 25. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Brinson,  Combash, 
Conley,  Drane,  Fawn,  Handy,  Herbert,  Jacobs,  Johnson  A., 
Lack,  Musgrove,  Myers,  Newsom,  Niles,  Orr,  Stites,  Williams, 
and  Wood  man  see — 21. 

Mr.  Hauser  moved  to  go  into  Committee  of  the  Whole. 

Mr.  Gibbs  moved  to  lay  the  motion  on  the  table; 

Which  was  lost. 

And  the  motion  of  Mr.  Hauser  was  lost. 
Mr.  Fitzhugh  moved  to  refer  Article  XII   of  the  Constitu- 
tion to  the  Committee  on  Enrollment; 
Which  was  carried. 

Mr.  Hauser  moved  to  refer  the  following  sections  to  the 
Committee  on  Enrollment,  with  instructions  to  engraft  them  in 
Article  XII  of  the  Constitution;  which  was  carried: 

Sec.  — .  It  shall  be  the  duty  of  the  Legislature  to  provide  by 
law  for  the  support  of  institutions  for  the  education  of  the 
deaf,  dumb  and  blind;  and,  also,  for  the  treatment  and  care  of 
the  insane. 

Sec.  — .  The  Legislature  shall  provide  houses  of  refuge  for 
the  correction  and  reformation  of  juvenile  offenders. 

Sec.  — .  The  county  boards  shall  have  power  to  provide 
farms  and  an  asylum  for  those  persons  who,  by  reason  of  age, 
infirmity,  or  other  misfortune,  may  have  claims  upon  the  sym- 
pathies and  aid  of  society. 


659 


The  report  of  the  Committee  on  Ordinance  and  Schedule 
was  taken  up  on  its  third  reading. 

Mr.  Stringer  offered  an  amendment,  by  way  of  ryder,  to  the 
mode  of  amending  the  Constitution,  as  follows: 

Provided,  That  no  amendment  which  may  be  made  prior 
to  the  year  one  thousand  eight  hundred  and  eighty-five  shall, 
in  any  manner,  affect  the  eighteenth  section  of  the  Bill  of 
Eights. 

Mr.  Orr  moved  that  the  rules  be  suspended  so  that  when  the 
Convention  adjourns  it  be  until  to-morrow  morning  at  nine 
o'clock; 

Which  was  carried. 

Mr.  Fitzhugh  moved  that  the  rules  be  suspended  to  permit 
the  introduction  of  a  communication ; 
Which  was  carried. 

And  Mr.  Howe  presented  the  following  communication  : 

I  am  necessarrily  compelled  to  be  absent  from  this  Conven- 
tion two  weeks,  and  being  desirous  of  signing  the  Constitu- 
tion when  completed,  do  hereby  authorize  Jehiel  Railsback  to 
sig*n  my  name  for  me  to  said  Constitution  when  completed. 

Leaves  of  absence  were  granted,  to  Mr.  Chapman,  for  two 
da}-s;  to  Mr.  May  son,  for  one  day;  to  Mr.  Morgan,  for  one  day. 

Mr.  Orr  moved  to  suspend  the  rules  to  enable  him  to  intro- 
duce a  resolution; 

Which  was  carried. 

Mr.  Orr  offered  the  following: 

Resolved,  That  the  Constitution  adopted  by  this  Convention 
be  published,  in  the  Holmesville  Independent,  for  the  same 
length  of  time,  and  at  the  same  rate  of  compensation  as  allowed 
to  the  other  papers  selected  for  that  purpose. 

Mr.  Niles  moved  to  amend  by  adding  the  Kosciusko  Chronicle. 

A  motion  to  adjourn  was  lost; 

And  the  amendment  of  Mr.  Mies  was  lost. 

Mr.  Orr  moved  the  previous  question ; 

Which  was  lost. 

And  the  subject  lies  over. 

Mr.  Gibbs  moved  to  adjourn; 

Which  was  carried. 

And  the  Convention  adjourned  to  meet  to-morrow  morning 
at  9  o'clock. 

T.  P.  Sears, 

Secretary. 


ONE  HUNDRED  AND  NINTH  DAY. 

Jackson,  Miss.,  Tuesday,  May  12th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 


660 


Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Messrs.  Alderson,  Ballard,  Barry,  Beam,  Bonney,  Bridges, 
Brinson,  Caldwell,  Castello,  Chappell,  Clarke,  Combash,  Conley, 
Cunningham,  Dowd,  Drane,  Fitzhugh,  Gibbs,  Handy,  Hauseiy 
Jacobs,  Jamison,  Johnson  A.,  Lack,  Lawson,  Leas,  Leonard, 
Mayson,  Mask,  Musgrove,  Morgan,  Myers,  Mygatt,  McKee,  Mc- 
Knight,  Nelms,  Newsom,  Parsons  F.,  Parsons  J.  R,,  Powell, 
Quinn.  Railsback,  Richardson,  Stewart,  Stringer,  Stites,  Toy, 
Woodmansee,  and  Yeoman — 49. 

The  following  delegates  were  absent: 

Mr.  President,  Messrs.  Alcorn,  Chapman,  Collins,  Elliott  John, 
Elliott  James,  Fawn, Field,  Herbert,  Holland,  Howe,  Hutto,  John- 
son S.,  Jones,  Kerr,  Miles,  Neilson,  Niles,  Orr,  Ozanne,  Peyton  E. 
G.,  Rainey,  Smith,  Stiles,  Stovall,  Walker,  Warren,  Weir,  and 
Williams— 29. 

The  Convention  was  called  to  order  by  the  Secretary,  in  the 
absence  of  the  President, 

And  on  motion  of  Mr.  Clarke,  Mr.  Morgan,  of  Yazoo,  was 
elected  temporary  Chairman. 

Mr.  Musgrove  moved  that  Mr.  Morgan  be  declared  President, 
pro  tempore  ; 

Which  was  carried, 

Mr.  Cunningham  moved  to  dispense  with  the  reading  of  the 
Jorunal; 

Which  was  lost. 

On  the  reading  of  the  Journal,  objection  being'  made  thereto, 
certain  corrections  were  made  therein,  as  follows: 

Upon  motion,  the  rules  were  suspended,  so  that  the  Conven- 
tion adjourn  to  meet  to-morrow  morning,  at  9  o'clock,  on 
account  of  the  arrest  of  the  President  by  the  civil  authorities. 

Upon  motion  of  Mr.  Castello,  the  rules  were  suspended  to 
take  up  the  regular  order  of  the  day. 

The  unfinished  business  being  the  resolution  pending  on  ad- 
journment, yesterday,  relative  to  the  publication  of  the  Con- 
stitution in  the  Holmesville  Independent,  was  taken  up  for  con- 
sideration, and  upon  motion  adopted. 

The  proviso  offered  by  Mr.  Stringer,  yesterday,  as  a  ryder  to 
the  section  of  Ordinance  and  Schedule,  defining  the  manner  of 
revising  the  Constitution,  came  up  in  order,  for  consideration. 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Castello,  and  sustained,  the  ryder  was  adopted,  by  the  fol- 
lowing vote : 

Yeas — Messrs.  Alderson,  Barry,  Bonney,  Bridges,  Brinson, 
Caldwell,  Castello,  Clarke,  Combash,  Dowd,  Drane,  Fitzhugh, 
Gibbs,  Handy,  Jacobs,  Johnson  A.,  Lawson,  Leas,  Mayson, 
Moore,  Mygatt,  McKnight,  Newsom,  Peyton  E.  A.,  Quinn, 
Stewart,  Stringer,  To}^,  Woodmansee  —  29. 

NATS-Messrs.  Ballard,  Beam,  Conley,  Cunningham,  Hauser, 
Jamison,  Lawson,  Leonard,  Mask,  Musgrove,  Myers,  Nelms, 
Parsons  F.,  Railsback,  Richardson,  Weir— 16. 


661 


And  the.  section  relating  to  the  revision  of  the  Constitution 
as  amended,  was  adopted,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Bonney,  Bridges,  Brinson, 
Caldwell,  Castello,  Clarke,  Combash,  Dowd,  Drane,  Fitzhugh, 
Gibbs,  Handy,  Jacobs,  Johnson  A..  Lawson,  Leas,  Leonard, 
Mayson,  Moore,  Myers,  Mygatt,  McKnight,  Newsom,  Parsons 
J.  R.,  Peyton  E.  A.,  Powell,  Quinn,  Railsback,  Stewart,  Stites, 
Stringer,  Toy,  Woodmansee — 36. 

Nays— Messrs.  Ballard,  Beam,  Conley,  Cunningham,  Hauser, 
Lack,  Mask,  Musgrove,  Nelms,  Parsons  F.,  Weir — 11. 

And  reads  as  follows : 

MODE  OF  REVISING  THE  CONSTITUTION 

Whenever  two-thirds  of  each  branch  of  the  Legislature  shall 
deem  any  change,  alteration,  or  amendment  necessary  to  this 
Constitution,  such  proposed  change,  alteration,  or  amendment, 
shall  be  read  and  passed  by  a  two-thirds  vote  of  each  house 
respectively,  on  each  day  for  three  several  days;  public  notice 
shall  then  be  given  by  the  Secretary  of  State  at  least  three 
months  preceding  the  next  general  election,  at  which  the  qual- 
ified electors  shall  vote  directly  for  or  against  such  change, 
alteration,  or  amendment:  and  if  more  than  one  amendment- 
shall  be  submitted  at  one  time,  they  shall  be  submitted  in  such 
manner  and  form  that  the  people  may  vote  for  or  against  each 
amendment  separately;  and  if  it  shall  appear  that  a  majority 
of  the  qualified  electors  voting  for  members  of  the  Legisla- 
ture, shall  have  voted  for  the  proposed  change,  alteration,  or 
amendment,  then  it  shall  be  inserted  by  the  next  succeeding 
Legislature  as  a  partof  this  Constitution,  and  not  otherwise: 
Provided,  That  no  amendment  which  ma}-  be  made  prior  to  the 
year  one  thousand  eight  hundred  and  eighty-five,  shall  in  any 
manner  affect  the  eighteenth  section  of  the  Bill  of  Rights. 

SCHEDULE. 

Section  1  was  adopted,  and  reads  as  follows: 

Section  1.  The  Ordinance  of  Secession  of  the  State  of 
Mississippi,  passed  January  9th,  1861,  is  hereby  declared  to  be 
null  and  void.  The  present,  and  all  previous  Constitutions  of 
the  State  of  Mississippi,  are  hereby  declared  to  be  repealed 
and  annulled  by  this  Constitution. 

Section  2: 

Under  the  operation  of  the  previous  question,  moved  by 
Mr.  Fitzhugh,  and  sustained,  section  2  was  adopted,  and 
reads  as  follows: 

Sec.  2.  All  laws  now  in  force  in  this  State,  not  enacted  in 
furtherance  of  secession  and  rebellion,  and  not  repugnant  to 
this  Constitution,  shall  continue  in  operation  until  they  shall 
expire  by  their  own  limitation,  or  be  altered  or  repealed  by  the 
Legislature,  except  the  hereinafter  mentioned  laws,  to-wit: 

"  An  Act  to  change  the  name  of  the  county  of  Jones,  and 
for  other  purposes,"  approved  December  1,  A.  D.  1565. 


662 


"An  Act  to  establish  a  ferry  across  the  Mississippi  river,  at 
Vicksburg,"  approved  November  29,  A.  D.  1865. 

"  An  Act  to  provide  for  the  removal  and  location  of  the  seat 
of  justice  of  Scott  county,"  approved  November  8th,  A.  D, 
1865. 

"An  Act  supplemental  to  an  Act  entitled  an  Act  to  provide  for 
the  removal  and  location  of  the  seat  of  justice  of  Scott 
county,"  approved  November  8th,  1865,  approved  December  1st, 
1865. 

Section  3  was  adopted,  and  reads  as  follows : 

Sec.  3.  The  Legislature  shall  provide  for  the  removal  of 
causes  now  pending  in  the  courts  of  this  State,  to  courts  creat- 
ed by  or  under  this  Constitution. 

ORDINANCE. 

Section  4  was  adopted,  and  reads  as  follows : 

Sec.  4.  Immediately  upon  the  adjournment  of  this  Conven- 
tion, this  Constitution  shall  be  submitted  for  ratification  to  the 
registered  voters  of  the  State,  in  conformity  with  the  Act  of 
Congress  passed  March  2,  1867,  entitled  an  Act  to  provide  for 
the  more  efficient  government  of  the  rebel  States,  and  the  Acts 
supplementary  thereto. 

Section  5: 

Mr.  Dowd  moved  to  go  into  Committee  of  the  Whole  to  con- 
sider the  balance  of  Ordinance  and  Schedule; 
Which  was  carried. 

And  after  certain  action  had  therein,  the  committee  rose,  and 
through  their  chairman,  Mr.  Musgrove,  reported  the  following 
sections  as  adopted  in  Committee  of  the  Whole  :  Sections  6,  6, 
7,  8,  9,  10,  11,  12,  13,  14,  15,  and  16. 

Sec.  5.  The  election  for  the  ratification  of  this  Constitution 
shall  commence  on  the  twenty-second  day  of  June,  A.  D.  1868, 
and  be  held  at  such  places  and  shall  continue  such  time  as  the 
Commanding  General  of  the  Fourth  Military  District  may 
direct,  and  the  polls  shall  be  kept  open  from  7  o'clock  a.  m., 
until  8  o'clock  p.  m.,  each  da}T.  At  said  election  all  those  in 
favor  of  ratifjing  the  Constitution  shall  have  written  or  printed 
on  their  ballots,  the  words,  "For  Constitution;"  and  those 
opposed  to  the  ratification  of  the  same,  shall  have  written  or 
printed  on  their  ballots,  the  words,  "Against  Constitution;"  but 
no  person  shall  vote  for  or  against  this  Constitution  on  a  sepa- 
rate ballot  from  that  cast  by  him  for  officers  to  be  elected  at 
said  election  under  this  Constitution. 

Sec.  6.  In  order  to  establish  a  civil  government  as  required 
by  the  Act  of  Congress,  approved  March  2,  1867,  and  the  Acts 
supplementary  thereto,  an  election  shall  be  held  at  the  same 
time  and  place,  at  which  the  Constitution  is  submitted  for  rati- 
fication, for  all  State  officers,  including  members  of  the  Legis- 
lature, and  for  Representatives  in  Congress,  at  which  election 
the  electors  who  are  qualified  under  the  Reconstruction  Acts  of 
Congress  shall  vote,  and  none  others. 


663 


Sec.  7.  The  Committee  of  Five  appointed  under  the  author- 
ity of  this  Convention  shall  appoint  three  Commissioners  of 
Election  for  each  county,  whose  duty  it  shall  be  to  attend  the 
election  for  the  ratification  or  rejection  of  the  Constitution  ; 
who  shall  also,  at  the  same  time  and  place,  attend  the  election 
for  all  officers  and  represenatives  herein  ordered,  and  be  present 
at  the  counting  of  the  votes,  and  forward  the  result  of  the  same 
to  the  chairman  of  said  committee  within  three  days  thereafter. 

Sec.  8.  The  Legislature  elected  under  this  Constitution  shall 
hold  its  first  session  in  the  Capitol,  in  the  city  of  Jackson,  on 
the  second  Monday  after  the  official  promulgation  of  the  ratifi- 
cation of  this  Constitution,  and  shall  proceed  immediately  upon 
its  organization,  to  vote  upon  the  adoption  of  the  Fourteenth 
Amendment  of  the  Constitution  of  the  United  States,  proposed 
hy  Congress  and  passed  June  13,  1866.  Said  Legislature  shall 
not  have  power  to  enact  any  laws  relative  to  the  per  diem  of 
members,  nor  on  any  other  subject  after  organization,  until 
said  Constitutional  Amendment  shall  have  been  adopted. 

Sec.  9.  The  first  term  of  all  civil  officers  elected  at  the 
same  time  this  Constitution  is  submitted  for  ratification  or  re- 
jection, shall  commence  on  the  second  Monday  after  their  elec- 
tion shall  have  been  officially  promulgated,  and  they  con- 
tinue to  hold  from  said  time  until  the  expiration  cf  the  first  full 
term  succeeding  said  election. 

Sec  10.  The  ►Commissioners  of  Election  herein  provided  for, 
shall  receive  the  same  compensation  per  day,  while  in  attend- 
ance upon  elections,  ^nd  allowances  for  transportation  (when 
actual  disbursements  have  been  made),  as  Registrars,  and  shall 
be  paid  out  of  any  funds  in  the  State  Treasury  to  the  credit  of 
the  Convention  fund,  upon  the  certificate  of  the  chairman  of 
-aid  Committee  of  Five. 

Sec.  11.  The  Committee  of  Five  appointed  by  this  Conven- 
tion is  hereby  authorized  and  empowered  to  adjust  all  out- 
standing accounts  against  the  same,  and  certify  to  their  correct- 
ness; and  the  Auditor,  of  Public  Accounts  shall  issue  his 
warrant  in  payment  thereof. 

Sec.  12.  That  when  this  Covention  adjourns  it  shall  be  sub- 
ject to  the  call  of  the  Committee  of  Five,  appointed  by  this 
Convention;  Provided,  That  should  the  Constitution  be  rati- 
fied, this  Convention  shall  thereafter  be  deemed  adjourned  sine 
die:  but  in  case  the  Constitution  should  not  be  ratified,  then 
the  Convention  may  be  reconvened  by  said  committee. 

Sec  13.  Said  committee  shall  have  authority  to  employ  a 
Clerk,  and  to  enforce  the  collection  of  the  taxes  levied  by  the 
several  ordinances  of  this  Convention,  and  to  perform  any  and 
all  duties  appertaining  to  the  same. 

Sec  14  The  members  of  the  Committee  of  Five,  appointed 
hy  this  Convention,  and  the  Clerk  thereof,  shall  receive  the 
same  compensation  as  the  members  of  this  Convention,  and 
shall  be  allowed  a  just  compensation  for  all  necessary  expenses 
incurred  by  them  in  carrying  out  the  objects  of  this  Conven- 
tion. 


6C4 


Sec.  15.  The  Legislature  at  its  first  session  under  this 
Constitution,  shall  make  a  special  appropriation  to  liquidate 
any  debts  of  this  Convention  at  that  time  remaining  unpaid. 

Sec.  16.  If  any  candidate  receiving  the  highest  number  of 
votes  cast,  cannot  take  the  oath  of  office  prescribed  in  this 
Constitution,  then  and  in  that  case  the  candidate  receiving  the 
next  highest  vote  shall  be  entitled  ta  enter  upon  and  perform 
the  duties  of  the  office,  upon  taking  and  subscribing  to  said 
oath. 

Mr.  Fitzhugh  moved  to  adopt  the  report; 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Fitzhugh,  and  sustained,  the  report  of  the  Committee  of 
the  Whole  was  adopted,  by  the  following  vote : 

Yeas — Messrs.  Bonney,  Bridges,  Brinson,  Caldwell,  Castello, 
Clarke,  Cunningham,  Dowd,  Fitzhugh,  Gibbs,  Handy,  Jacobs, 
Jamison,  Lawson,  Leas,  Leonard,  Mayson,  Mask,  Moore,  Myers, 
Mygatt,  McKee,  Newsom,  Parsons  F.,  Powel],  Quinn,  Railsback, 
Richardson,  Stewart,  Stites,  Stringer,  IVy,  and  Warren — 33. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Bany,  Beam, 
Hauser,  Herbert,  Johnson  A.,  Lack,  Musgrove,  and  Wood- 
man see — 11. 

Mr.  Clarke  moved  to  suspend  the  rules  and  take  up  the  re- 
port on  Ordinance  and  Schedule  upon  its  final  reading; 
Which  was  carried. 

And  the  Mode  of  Revising  the  Constitution  was  adopted,  and 
reads  as  follows : 

MODE  OF  REVISING  THE  CONSTITUTION. 

Whenever  two-thirds  of  each  branch  of  the  Legislature  shall 
deem  any  change,  alteration,  or  amendment  necessary  to  this 
Constitution,  such  proposed  change,  alteration,  or  amendment 
shall  be  read  and  passed  by  a  two-thirds  vote  of  each 
house  respectively  on  each  day  for  three  several  da}rs;  public 
notice  shall  then  be  given  by  the  Secretary  of  State  at  least 
three  months  preceding  the  next  general  election,  at  which  the 
qualified  electors  shall  vote  directly  for  or  against  such  change, 
alteration,  or  amendment ;  and  if  more  than  one  amendment 
shall  be  submitted  at  one  time,  they  shall  be  submitted  in 
such  manner  and  form  that  the  people  may  vote  for  or  against 
each  amendment  separately;  and  if  it  shall  appear  that  a  ma- 
jority of  the  qualified  electors  voting  for  members  of  the  Leg- 
islature, shall  have  voted  for  the  proposed  change,  alteration, 
or  amendment,  then  it  shall  be  inserted  by  the  next  succeeding 
Legislature  as  a  part  of  this  Constitution,  and  not  otherwise ; 
Provided,  That  no  amendment  which  may  be  made  prior  to 
the  year  one  thousand  eight  hundred  and  eighty-five,  shall  in 
any  manner  affect  the  eighteenth  section  of  the  Bill  of  Rights, 

SCHEDULE. 

Section  1  was  adopted^  and  reads  as  follows : 


665 


Section  1.  The  Ordinance  of  Secession  of  the  State  of  Mis- 
sissippi, passed  January  9,  1861,  is  hereby  declared  to  be  null 
and  void.  The  present,  and  all  previous  Constitutions  of  the 
State  of  Mississippi,  are  hereby  declared  to  be  repealed  and 
annulled  by  this  Constitution. 

Section  2  was  adopted,  and  reads  as  follows : 

Sec.  2.  All  laws  now  in  force  in  this  State,  not  enacted  in 
furtherance  of  secession  and  rebellion,  and  not  repugnant  to 
this  Constitution,  shall  continue  in  operation  until  they  shall 
expire  by  their  own  limitation,  or  be  altered  or  repealed  by  the 
Legislature,  except  the  hereinafter  mentioned  laws,  to-wit : 

kk  An  act  to  change  the  name  of  the  county  of  Jones,  and 
for  other  purposes,"  approved  December  1,  A.  D.  1865. 

"  An  act  to  establish  a  ferry  across  the  Mississippi  river,  at 
Vicksburg,"  approved  November  29,  A.  D.  1865. 

"  An  act  to  provide  for  the  removal  and  location  of  the  seat 
of  justice  of  Scott  county,"  approved  November  8,  A.  D.  1865. 

"  An  act  supplemental  to  an  act  entitled  an  act  to  provide 
for  the  removal  and  location  of  the  seat  of  justice  of  Scott 
county,  approved  November  8,  1865,"  approved  December  1, 
1865. 

Section  3  was  adopted,  and  reads  as  follows: 

Sec.  3.  The  Legislature  shall  provide  for  the  removal  of 
causes  now  pending  in  the  Courts  of  this  State,  to  Courts  cre- 
ated by  or  under  this  Constitution. 

Section  4  was  adopted,  and  reads  as  follows : 

Sec.  4.  Immediately  upon  the  adjournment  of  this  Conven- 
tion, this  Constitution  shall  be  submitted  for  ratification  to 
the  registered  voters  of  the  State,  in  conformit}^  with  the  act 
of  Congress  passed  March  2,  1867,  entitled  "An  act  to  provide 
for  the  more  efficient  government  of  the  rebel  States,"  and  the 
acts  supplementary  thereto. 

Section  5  was  adopted,  and  reads  as  follows : 

Sec.  5.  The  election  ffcr  the  ratification  of  this  Constitution 
shall  commence  on  the  22d  day  of  June,  A.  D.  1868,  and  be 
held  at  such  places,  and  shall  continue  such  time  as  the  Com- 
manding Geueral  of  the  Fourth  Military  District  may  direct, 
and  the  polls  shall  be  kept  open  from  8  o'clock  a.  m.,  until 
7  o'clock  p.  m.,  each  day.  At  said  election  all  those  in  favor 
of  ratifying  the  Constitution  shall  have  written  or  printed  on 
their  ballots,  the  words,  "  For  Constitution ;"  and  those  opposed 
to  the  ratification  of  the  same,  shall  have  written  or  printed  on 
their  ballots,  the  words,  "  Against  Constitution;"  but  no  per- 
son shall  vote  for  or  against  this  Constitution  on  a  separate 
ballot  from  that  cast  by  him  for  officers  to  be  elected  at  said 
election  under  the  constitution. 

Section  6  was  adopted,  and  reads  as  follows : 

Sec.  6.  In  order  to  establish  a  civil  government  as  required 
by  the  act  of  Congress,  approved  March  2,  1867,  and  the  acts 
supplementary  thereto,  an  election  shall  be  held  at  the  same 
time  and  place,  at  which  the  Constitution  is  submitted  for  rat- 
ification, for  all  State  officers,  including  members  of  the  Legis- 


666 


lature,  and  for  Representatives  in  Congress,  at  which  election 
the  electors  who  are  qualified  under  the  reconstruction  acts  of 
Congress  shall  vote,  and  none  others. 

Section  7  was  adopted,  and  reads  as  follows : 

Sec.  7.  The  Committee  of  Five  appointed  under  the  author- 
ity of  this  Convention,  shall  appoint  three  Commissioners  of 
Election  for  each  county,  whose  duty  it  shall  be  to  attend  the 
election  for  the  ratification  or  rejection  of  the  Constitution; 
who  shall  also,  at  the  same  time  and  place,  superintend  the 
election  for  all  officers  and  representatives  herein  ordered,  and 
be  present  at  the  counting  of  the  votes,  and  forward  the  result 
of  the  same  to  the  chairman  of  said  committee  within  three 
days  thereafter. 

Section  8  was  adopted,  and  reads  as  follows: 

Sec.  8.  The  Legislature  elected  under  this  Constitution  shall 
hold  its  first  session  in  the  Capitol,  in  the  city  of  Jackson,  on 
the  second  Monday  after  the  official  promulgation  aforesaid, 
and  shall  proceed  immediately  upon  its  organization  to  vote 
upon  the  adoption  of  the  fourteenth  amendment  of  the  Con- 
stitution of  the  United  States,  proposed  by  Congress,  and 
passed  June  13,  1866.  Said  Legislature  shall  not  have  power 
to  enact  any  laws  relative  to  the  per  diem  of  members,  nor  on 
any  other  subject,  after  organization,  until  said  constitutional 
amendment  shall  have  been  ratified. 

Section  9  was  adopted,  and  reads  as  follows: 

Sec.  9.  The  first  term  of  all  civil  officers,  elected  at  the 
same  time  this  Constitution  is  submitted  for  ratification  or  rejec- 
tion, shall  commence  on  the  second  Monday  after  their  election 
shall  have  been  officially  promulgated,  and  shall  continue  to 
hold  from  said  time  until  the  expiration  of  the  first  full  term 
succeeding  said  election. 

Section  10  was  adopted,  and  reads  as  follows: 

Sec.  10.  The  Commissioners  of  Election  herein  provided  for, 
shall  receive  the  same  compensation  per  day,  while  in  attend- 
ance upon  elections,  and  allowances  for  transportation  (when 
actual  disbursements  have  been  made),  as  Registrars,  and  shall 
be  paid  out  of  any  funds  in  the  State  Treasury  to  the  credit  of 
the  Convention  fund,  upon  the  certificate  of  the  Chairman  of 
said  Committee  of  Five. 

Section  11  was  adopted,  and  reads  as  follows: 

Sec.  11.  The  Committee  of  Five  appointed  by  this  Conven- 
tion are  hereby  authorized  and  empowered  to  adjust  all  out- 
standing accounts  against;  the  same,  and  certify  to  their  cor- 
rectness, and  the  Auditor  of  Public  Accounts  shall  issue  his 
warrants  in  payment  thereof. 

Section  12  was  adopted,  and  reads  as  follows: 

Sec.  12.  That  this  Convention  when  it  adjourns,  shall  be 
subject  to  the  call  of  the  committee  of  Five  appointed  thereby; 
Provided,  That  should  the  Constitution  be  ratified,  this  Con- 
tention shall  thereafter  be  deemed  adjourned  sine  die.    But  in 


667 


case  the  Constitution  should  not  be  ratified,  then  the  Conven- 
tion may  be  reconvened  by  the  committee. 
Section  13 : 

Mr.  Stringer  moved  to  adopt  the  section ; 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Fitzhugh,  and  sustained,  section  13  was  lost,  by  the  fol- 
lowing vote : 

Yeas — Messrs.  Alcorn,  Barry,  Bridges,  Brinson,  Clarke. 
Dowd,  Fitzhugh,  Jamison,  Leas,  Mayson,  Moore,  Myers,  My- 
gatt,  Parsons  F.,  Powell,  Quinn,  Railsback,  Stewart,  Stites, 
Stringer,  Toy,  and  Weir — 22. 

Nays — Messrs.  Alderson,  Ballard,  Beam,  Caldwell,  Chappell, 
Combash,  Cunningham,  Gibbs,  Handy,  Hauser,  Herbert,  Jacobs, 
Johnson  A.,  Lack,  Lawson,  Leonard,  Mask,  Musgrove,  Mc- 
Knight,  Newsom,  Niles,  Richardson,  Warren,  and  Woodman - 
see — 24. 

Mr.  Gibbs  moved  to  reconsider  the  vote  last  taken. 

Mr.  Cunningham  moved  to  table; 

Which  was  carried. 

Mr.  Newsom  moved  to  adjourn ; 

Which  was  carried,  and  the  Convention  adjourned  to  meet 
at  3  o'clock,  p.  m. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 

Mr.  Morgan,  President  pro  tern,  in  the  chair. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Messrs.  Alderson,  Alcorn,  Ballard,  Barry,  Beam,  Bonney, 
Bridges,  Brinson,  Caldwell,  Castello,  Clarke,  Combash,  Conley, 
Dowd,  Drane,  Fitzhugh,  Gibbs,  Handy,  Hauser,  Jacobs,  Jami- 
son, Johnson  A.,  Lack,  Lawson,  Leas,  Leonard,  Mayson,  Mask, 
Musgrove,  Moore,  Morgan,  Myers,  Mygatt,  McKee,  McKnight, 
Newsom,  Niles,  Orr,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A., 
Powell,  Quinn,  Railsback,  Richardson,  Stewart,  Stites. 
Stringer,  Stiles,  Warren,  Woodmansee  and  Yeoman — 52. 

The  following  delegates  were  absent: 

Mr.  President,  Messrs.  Chapman,  Chappell,  Collins,  Cunning- 
ham, Elliott  John,  Elliott  James,  Fawn,  Field,  Herbert,  Holland, 
Howe,  Hutto,  Johnson  S.,  Jones,  Kerr,  Miles,  Neilson,  Nelms. 
Ozanne,  Peyton  E.  G.,  Rainey,  Smith,  Stovall,  Toy,  Walker, 
Weir,  and  Williams — 27. 

The  motion  pending  on  adjournment,  to  reconsider  the  vote 
taken  on  section  13,  being  in  order,  under  the  operation  of  the 
previous  question,  the  motion  to  reconsider  was  carried. 

Mr.  Clarke  moved  the  adoption  of  section  13  ; 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Castello,  and  sustained,  the  section  was  adopted,  by  the  fol- 
lowing vote : 

Yeas — Messrs.  Alcorn,  Barry,  Bonney,  Bridges,  Brinson, 
Caldwell,  Castello,  Clarke,  Dowd,  Drane,   Fitzhugh,  Gibbs. 


668 


Handy,  Jacobs,  Jamison,  Leas,  Moore,  Newsom,  Parsons  F., 
Peyton  E.  A.,  Powell,  Quinn,  Kailsback,  Stewart,  Stringer, 
Stites,  Weir,  and  Yeoman — 29. 

Nays — Messrs.  Alderson,  Ballard,  Beam,  Conley,  Hauser, 
Lack,  Mayson,  Mask.  Musgrove,  Myers,  McKnight,  Orr,  Par- 
sons J.  E.,  Richardson,  Warren,  and  Woodmansee — 16. 

Section  14: 

Mr.  Gibbs  moved  to  adopt  the  section. 

Mr.  Hauser  moved  to  amend,  by  way  of  ryder: 

Strikeout  all  after  the  words  "  members  of  the  Convention;" 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Fitzhugh  and  sustained,  the  ryder  offered  by  Mr.  Hauser 
was  adopted,  by  the  following  vote: 

Yeas — Messrs.  Alcorn,  Ballard,  Bany,  Beam,  Bonney, 
Brinson,  Caldwell,  Clarke,  Combash,  Fitzhugh,  Gibbs,  Handy, 
Hauser,  Jacobs,  Jamison,  Johnson  A.,  Lack,  Leas,  Leonard, 
Mayson,  Mask,  Musgrove,  Moore,  Myers,  McKnight,  Mies, 
Orr,  Parsons  J.  B.,  Peyton  E.  A.,  Powell,  Eailsback,  Eichard- 
son,  Stewart,  Stites,  Stringer,  Stiles,  Warren,  Weir,  Woodman- 
see,  Yeoman — 40. 

Nays — Messrs.  Castello,  Drane,  Newsom,  Parsons  F. — 4. 

And  the  section  was  adopted,  as  amended,  by  the  following 
vote  : 

Yeas — Messrs.  Alcorn,  Ballard,  Bany,  Beam,  Bonney,  Cald- 
well, Castello,  Clarke,  Combash,  Drane,  Fitzhugh,  Gibbs, 
Handy,  Hauser,  Jacobs,  Johnson  A.,  Lawson,  Leas,  Leonard, 
Mayson,  Mask,  Moore,  Mygatt,  McKnight,  Newsom,  Parsons  F., 
Parsons  J.  E.,  Peyton  E.  A.,  Powell,  Eailsback,  Stewart,  Stites, 
Stringer,  Weir,  Yeoman — 35. 

Nays — Messrs.  Conley,  Lack,  Musgrove,  Myers,  Niles,  Orr, 
Richardson,  Stiles,  Warren,  Woodmansee — 10. 

And  reads  as  follows: 

Sec.  14.  The  members  of  the  Committee  of  Five  appointed 
by  this  Convention,  and  the  clerk  thereof,  shall  receive  the 
same  compensation  as  the  members  of  this  Convention. 

Section  15: 

Mr.  Hauser  offered  the  following  as  a  ryder : 

Provided,  That  all  such  accounts  shall  first  be  examined  and 
found  to  be  made  in  pursuance  of  law. 

Mr.  Castello  moved  to  indefinitely  postpone  section  and 
ryder; 

Which  was  carried. 

Section  16: 

Mr.  Gibbs  moved  to  adopt  the  section ; 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Fitzhugh,  and  sustained,  the  section  was  adopted,  by  the 
following  vote: 

Yeas — Messrs.  Barry,  Bonney,  Brinson,  Castello,  Combash, 
Dowd,  Fitzhugh,  Gibbs,  Handy,  Hauser,  Jacobs,  Johnson  A., 
Lawson,  Leas,  Leonard,  Moore,  Myers,  Mygatt,  McKnight, 
Parsons  F.,  Powell,  Eailsback,  Stewart,  Stites,  Stringer,  Wood- 
manse,  Yeoman — 27. 


G69 


Nays — Messrs.  Alderson,  Alcorn,  Beam,  Caldwell.  Conley. 
Drane,  Herbert,  Mayson,  Mask,  Musgrove,  Newsom.  Niles,  Orr, 
Parsons  J.  R.,  Peyton  E.  A.,  Richardson,  Warren,  Weir — IS. 

And  reads  as  follows: 

Sec.  16.  If  any  candidate  receiving  the  highest  number  ol 
Totes  cast,  cannot  take  the  oath  of  office  prescribed  in  this 
Constitution,  then  and  in  that  case,  the  candidates  receiving  the 
next  highest  vote  shall  be  entitled  to  enter  upon  and  perform 
the  duties  of  the  office  upon  taking  and  subscribing  to  said 
oath. 

Mr.  Fitzhugh  moved  to  adopt  the  report  of  Ordinance  and 
Schedule  as  a  whole,  and  refer  to  committee  on  Enrollment; 
Which  was  carried. 

Mr.  Railsback  moved  to  suspend  the  rules,  to  enable  him 
and  Mr.  Parsons,  of  Adams,  to  introduce  a  resolution; 
Which  was  carried. 
And  the  following  was  introduced : 

Besolved,  That  the  Sheriffs  of  Warren  and  Oktibbeha  coun- 
ties, be  instructed  to  redeem  the  tax  receipts  given  by  the  Tax 
Collectors  appointed  by  this  Convention  under  Tax  Ordinance 
passed  by  this  Convention,  January  17.  1S68,  and  that  the 
Treasurer  be  instructed  to  receive  and  audit  said  receipts,  and 
give  said  Sheriffs  credit  upon  their  reports  for  the  amount,  and 
the  statement  of  said  tax  as  hereunto  appended: 

Statement  of  Tao:es  Collected  in  Warren  Count// — IF.  L.  Jar- 


vis,  Collector. 

E.  L.  Hall  Saloon   $  50  00 

Irvin  Shaffer,  grocerv  store   4  50 

H.  E.  OTviley,  Claim  Agent   10  00 

Perry  Thomas,  grocery  store   2  25 

Mrs.  Barnes,  grocery  store.  .   2  50 


$69  25 

Statement  of  Taxes  Collected  in  Oktibbeha  County — L.  B.  F. 
Vich,  Collector. 

W.  A.  Cannon   $5  00 

J.  B.  McCreight   5.  00 

Hogan  <fc  Ames   54  00 

J.  J.Yates   10  00 

A.  Strauss     5  00 

L.  Lichtenstein  &  Co   4  2.) 

J.  Bellington  &  Son   4  50 

Saunders  &  Ramsev   6  25 

W.  H.  Childs  .   2  50 

H.  W.  Owen   5  00 

W.  T.  Morgan   S  75 


A  motion  to  adjourn  was  lost. 


8110  25 


670 


Mr.  Gibb's  moved  to  postpone  until  to-morrow  at  9  o'clock, 

A.  M.J 

Which  was  laid  on  the  table. 
Mr.  Fitzhugh  moved  to  adjourn; 
Which  was  lost. 

Mr.  Clarke  moved  the  previous  question  j 
Which  was  sustained; 

And  the  resolution  offered  by  Mr.  Parsons  was  adopted. 
Mr.  Castello  moved  to  adjourn; 
Which  was  carried. 

The  Convention  adjourned  to  meet  to-morrow  morning  at  9 

o'clock. 

T.  P.  Sears, 

Secretary. 


ONE  HUNDRED  AND  TENTH  DAY. 

Jackson,  Miss.,  Wednesday,  May  13th,  1868. 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alcorn,  Aldersou,  Ballard,  Barry, 
Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chappell,  Clarke, 
Combash,  Conle}^  Cunningham,  Drane,  Fawn,  Fitzhugh,  Gibbs, 
Handy,  Haaser,  Herbert,  Jacobs,  Jamison,  Johnson  A.,  Law- 
son,  Leas,  Leonard,  May  son  Mask,  Musgrove,  Moore,  Morgan, 
Mygatt,  McKnight,  Nelms,  Newsom,  Niles,  Ozanne,  Parsons  F., 
Parsons  J.  R.,  Peyton  E.  A.,  Powell,  Quinn,  Railsback,  Richard- 
son, Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy,  Warren, 
Williams,  Woodmansee,  and  Yeoman — ,56. 

The  following  delegates  were  absent: 

Messrs.  Beam,  Chapman,  Collins,  Dowd,  Elliott  John,  Elliott 
James,  Field,  Holland,  Howe,  Hutto,  Johnson  S..  Jones,  Kerr, 
Lack,  McKee,  Miles,  Myers,  Neilson,  Orr,  Peyton  E.  G.,  Rainev, 
Smith,  Walker,  and  Weir— 25. 

Upon  motion  of  Mr.  Cunningham,  the  reading  of  the  Jour- 
nal was  dispensed  with, 

The  minority  of  the  Select  Committee  on  Removal  of  the 
State  Capitol,  made  the  following  report: 

To  the  President  and  Members  of  Constitutional  Convention: 

The  undersigned  members  of  the  committee  on  Removal  of 
the  State  Capitol  respectfully  beg  leave  to  present  the  following- 
minority  report: 


671 


We  are  opposed  to  the  removal  of  the  Capitol  for  the  follow- 
ing reasons : 

1.  The  present  location  of  the  capitol  at  Jackson  is  not 
more  than  twenty-five  miles  from  the  geographical  center  of 
the  State. 

2.  Kosciusko,  the  proposed  location,  is  as  far  from  the  geo- 
graphical center  as  Jackson. 

3.  Kosciusko  is  twenty  to  twenty-five  miles  from  any  rail- 
road. 

4.  Our  system  of  railroads  affords  better  facilities  for  the 
people  to  communicate  with  the  Capitol  at  Jackson,  than  would 
be  afforded,  provided  the  Capitol  was  removed  to  any  other 
point. 

5.  The  people  of  a  State  are  better  accommodated  as  a  gen- 
eral thing,  with  the  capitol  located  at  the  commercial,  rather 
than  the  geographical  center  of  the  State. 

Therefore  we  deem  any  action  on  the  part  of  this  Conven- 
tion for  the  removal  of  the  Capitol  from  Jackson,  as  inexpe- 
dient and  unnecessary. 

Respectfully  submitted, 

Caklos  Chapman. 
Peres  Bonnet, 
Benj.  H.  Orr. 

Report  received. 

The  Committee  to  whom  was  referred  the  question  of  the 
Excess  of  Tax  collected  by  the  Sheriff  of  Noxubee  county, 
made  the  following  report: 

To  the  President  and  Members  of  the  Constitutional  Con- 
vention : 

Your  committee  to  whom  was  referred  the  question 
of  the  excess  of  the  tax  collected  by  the  Sheriff  of  Noxubee 
county,  over  and  above  the  amount  authorized  by  the  ordi- 
nance of  this  Convention  beg  leave  to  report  as  follows: 

That  they  have  investigated  the  matters  submitted  to  their 
consideration,  and  find  that  under  a  misconstruction  of  the  or- 
dinance authorizing  the  levy  and  collection  of  a  tax  to  defray  the 
expenses  of  this  Convention,  Charles  M.  Thomas,  Sheriff  and 
Tax  Collector  of  Noxubee  county,  collected  the  sum  of  three 
hundred  and  fifty  dollars  and  thirty-six  cents,  and  has  account- 
ed for  same  in  his  settlement  with  the  Auditor  and  Treasurer 
of  the  State  on  polls  and  gross  sales,  most  of  which  is  alleged 
and  believed  to  have  been  refunded  to  the  tax  payers  from 
whom  it  was  collected.  Your  committee  would  respect- 
fully recommend  that  the  Auditor  of  Public  Accounts  be 
authorized  and  required  to  issue  a  warrant  upon  the  Treasury 
of  this  State,  in  favor  of  said  Charles  M.  Thomas,  for  the  sum 
so  collected  and  refunded,  upon  the  said  Thomas  complj'ing 
with  the  terms  of  the  ordinance  hereinafter  recommend  to  be 
passed. 

They  would  further  recommend  the  adoption  and  passage  oi 


672 


a  general  ordinance  applicable  to  similar  cases,  and  suggest 
the  following: 

AN    ORDINANCE    FOR    THE  RELIEF    OF    TAX    COLLECTORS    OF  THE 
CONVENTION  TAX. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Mis- 
sissippi, in  Convention  assembled,  That  it  shall  be  the  duty  of  the 
Auditor  of  Public  -Accounts  to  issue  a  warrant,  or  warrants,  in 
favor  of  any  Tax  Collector  of  the  Convention  tax,  who  may 
have  improperly  collected  any  moneys  from  the  tax  payers  of 
his  county  under  a  misconstsuction  of  the  ordinance  passed 
by  this  Convention,  authorizing  the  levy  and  collection  of  a 
tax  to  defray  the  expenses  of  this  Convention;  Provided,  Said 
Tax  Collector  shall  produce  to  the  Auditor  the  evidence  here- 
inafter required,  that  the  moneys  so  improperly  collected,  have 
been  refunded  to  the  persons  by  whom  they  were  paid  to  said 
Tax  Collector. 

Sec.  2.  Be  it  further  ordained,  That  the  proof  required  in 
the  cases  provided  for  in  the  first  section  of  this  ordinance 
shall  be  a  detailed  statement  of  the  various  sums  improperly 
collected;  the  names  of  the  persons  from  whom  they  may  have 
been  collected,  and  to  whom  refunded,  and  the  amount  refund- 
ed, verified  by  the  following  affidavit  made  before  some  officer 
legally  authorized  to  administer  an  oath  • 

"I,  A  B,  Collector  of  the  Convention,  for  the  county  of  .  .  .  ., 
do  solemnly  swear,  that  the  foregoing  statement  of  moneys 
improperly  collected  by  me  under  the  ordinance  authorizing 
said  tax,  and  refunded  to  the  persons  from  whom  collected,  is 
true  and  correct  as  therein  stated." 

Sworn  to  and  subscribed  before  me,  etc. 

Sec.  3.  Be  it  further  ordained,  That  the  provisions  of  this 
ordinance  shall  not  extend  to  any  Tax  Collector  who  shall  not 
have  accounted  for  the  monej^s  so  improperly  collected  in  his 
settlements  with  the  Auditor  and  Treasurer  of  this  State. 

Sec.  4.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  full  force  and  effect  from  and  after  its  passage. 

J.  Railsback,  Chairman. 
Jason  Niles, 
W.  A.  Hutto, 

Committee. 

Report  received. 

Mr.  Niles  moved  to  suspend  the  rules  and  put  the  ordinance 
upon  its  first  reading; 
Which  was  carried. 

And  the  ordinance  passed  its  first  reading. 

Mr.  Niles  moved  to  further  suspend  the  rules  and  put  the 
ordinance  on  its  second  reading. 

Mr.  Herbert  moved  to  amend  by  inserting  the  following  as 
an  additional  section : 

Sec — .  Be  it  further  ordained,  That  the  Auditor  shall  re- 
port the  amounts  for  which  he  shall  have  issued  his  warrants 
under  this  ordinance,  together  writh  the  evidence  upon  which 


673 


the  same  were  issued,  to  the  first  regular  session  of  the  Legis- 
lature. 

Accepted  by  Mr.  Niles. 

Mr.  Hauser  moved  to  table ; 

Which  was  carried. 

Mr.  Niles  moved  to  defer  the  further  consideration  of  the 
ordinance  until  to-morrow; 
Which  was  carried. 

Mr.  Fitzhugh  moved  to  suspend  the  rules,  to  enable  Mr. 
Stovall  to  introduce  a  resolution; 
Which  was  carried. 
Mr.  Stovall  offered  the  following: 

Whereas.  Tse  resolution  authorizing  the  appointment  of  the 
standing  committee  on  Elections,  contemplated  the  appoint- 
ment of  one  member  of  said  committee  from  each  Congres- 
sional District,  and  two  from  the  State  at  large;  and 

Whereas.  It  is  highly  important  that  there  should  be  a  mem- 
ber of  said  committee  resident  in  each  Congressional  District, 
that  the  committee  can  thereby  be  furnished  with  correct  and 
reliable  data  which  will  enable  them  to  correct  abuses  and  sug- 
gest reforms:  therefore,  be  it  < 

Resolved,  That  the  President  be  directed  to  appoint  two  addi- 
tional members  on  said  committee  for  the  State  at  large,  one  of 
which  shall  be  a  resident  of  the  Second  Congressional  Dis- 
trict 

3Ir.  Castello  moved  to  amend  as  follows : 

Strikeout  the  words,  "the  President  appoint."  and  insert 
the  words,  "the  Convention  shall  elect." 

Mr.  Handy  moved  to  lay  the  resolution  and  amendment  on 
the  table. 

On  a  division  of  the  question,  the  motion  to  table  the  amend- 
ment was  lost: 

And  so  much  as  related  to  tabling  the  resolution  was  lost. 
Mr.  Fitzhugh  moved  the  previous  question: 
Which  was  not  sustained. 
And  the  subject  lies  over. 
Mr.  Orr  offered  the  following: 

Resolved,  That  a  committee  of  three  be  appointed  by  the 
President  for  the  purpose  of  conferring  with  the  State  Treas- 
urer, in  order  to  ascertain  the  amount  of  taxes  collected  under 
the  ordinance  of  this  Convention  by  the  Sheriffs  of  the  several 
counties  and  paid  into  the  State  Treasury,  and  that  they  report 
as  early  as  possible,  giving  the  exact  amount  as  returned  from 
each  county  separately; 

Which  was  adopted. 

The  President  appointed  under  the  above  resolution,  the  fol- 
lowing delegates  as  a  committee : 
Mr,  Mask,  of  Tishomingo; 
Mr.  Cunningham,  of  Madison; 
Mr.  Morgan,  of  Yazoo. 

The  committee  on  Contingent  Expenses  made  the  following 
report : 
C— 43 


674 


To  the  President  and  Members  of  the  Convention: 

The  committee  on  Contingent  Expenses,  to  whom  was 
referred  the  annexed  account,  would  respectfully  report  that  no 
authority  can  "be  found  in  the  proceedings  of  the  Convention 
authorizing  the  service  of  legal  men  to  defend  injunction  on 
suit  against  Tax  Ordinance,  and  cannot  recommend  it  to  the 
favorable  consideration  of  the  Convention. 

Respectfully, 

U.  Ozanne,  Chairman. 
W,  H.  Gibbs, 
J.  Railsback, 
Jno,  C.  Brinson, 

Committee. 

The  account  alluded  to  is  for  services  rendered  in  injunction 
ease  before  the  Hon.  R.  A.  Hill,  as  claimed  by  Messrs.  Adams 
and  Morris,  attorneys,  and  amount  charged  being  $200  00. 

And  the  committee  on  Contingent  Expenses  submitted  the 
following  as  an  additional  report : 

Mr.  President:  The  committee  on  Contingent  Expenses,  to 
whom  was  referred  the  annexed  accounts,  would  respectfully 
report  that  after  a  careful  examination,  they  have  found  said 
accounts  correct,  and  would  recommend  the  same  to  be  al- 
lowed. 

Respectfully, 

U.  Ozanne, 

Chairman. 
W.  H.  Gibbs, 
J.  Railsback, 
John  C.  Brinson, 
Committee. 

Bill  No.  1  is  for  postage,  paid  upon  documents,  etc.,  and 
warrant  ordered  to  be  drawn  in  favor  of  Nelson  G.  Gill,  Ser- 
geant-at-Arms,  $34  30. 

Bill  No.  2  is  account  of  B.  H.  Orr,  for  expenses  incurred  in 
visiting  Vicksburg  upon  business  of  this  Convention,  and 
amounts  to  $15  00. 

Bill  No.  3  is  for  copies  of  sundry  papers,  to-wit:  Vicksburg 
Times,  Vicksburg  Herald,  and  New  Orleans  Bepublican, 
amounting  to  $68  40. 

Warrant  ordered  to  be  drawn  in  favor  of  Nelson  G.  Gill, 
Sergeant-at-Arms. 

Bill  No.  4  is  for  expenses  incurred  by  N.  G.  Gill,  Sergeant- 
at-Arms,  in  purchasing  brooms,  gum  arabic,  paying  for  repairs 
of  keys,  locks,  and  express  charges  on  packages  of  papers  for 
the  Convention,  $!3  30. 

Bill  No.  5  is  for  1,200  copies  of  the  Vicksburg  Bepublican, 
at  ten  cents  per  copy,  amounting  to  $120. 

Bill  No.  6  is  for  amount  clue  the  Clarion  office  for  papers 
furnished,  book  of  lithograph  warrants,  and  enrolling  paper, 
amounting  to  $251  50. 


675 


Bill  No.  7  is  for  stationery  purchased  of  Messrs.  Eyrich  & 
Co.,  amounting  to  $113  75. 

Upon  motion,  the  report  was  adopted  and  warrants  ordered 
to  be  drawn  in  payment  thereof. 

Mr.  Niles  moved  to  suspend  the  rules  to  enable  himself  and 
Mr.  Castello  to  introduce  ordinances; 

Which  was  carried. 

Mr.  Niles  offered  the  following : 

AN  ORDINANCE  RESCINDING  AND  ANNULLING  SO  MUCH  OF  AN  ORDI- 
NANCE PASSED  ON  THE  SIXTH  DAY  OF  APRIL,  1868,  ENTITLED  "AN 
ORDINANCE  CREATING  CERTAIN  NEW  COUNTIES,  AND  FOR  OTHER 
PURPOSES,"  AS  RELATES*  TO  CREATING  THE  COUNTY  OF  CLAY, 
AND  MAKES  DURANT  THE  SEAT  OF  JUSTICE  OF  SAID   CLAY  COUNTY. 

Be  it  ordained  by  the  people  of  the  State  of  Mississippi,  in 
Convention  assembled,  That  so  much  of  said  above  recited 
ordinance,  passed  on  the  sixth  day  of  April,  1868,  as  creates 
the  county  of  Clay,  and  makes  Durant  the  seat  of  justice  01 
said  Clay  county,  including  the  fifth  and  sixth  sections,  is 
hereby  rescinded  and  annulled. 

Mr.  Niles  moved  to  suspend  the  rules  and  put  the  ordinance 
on  its  first  reading; 

Which  was  carried. 

Mr.  Stringer  moved  to  indefinitely  postpone  the  further  con- 
sideration of  the  same; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Barry,  Bonne}-,  Brinson,  Caldwell, 
Castello,  Dowd,  Drane,  Fitzhugh,  Herbert,  Hauser,  Jacobs, 
Johnson  A.,  Lawson,  Leonard,  Mayson,  Mask,  Moore,  Morgan, 
Myers,  Newsom,  Orr,  Ozanne,  Peyton  E.  A.,  and  Stringer — 25. 

Nays — Messrs.  Alderson,  Clarke,  Combash,  Cunningham, 
Gibbs,  Jamison,  Lack,  Leas,  Mygatt,  Niles,  Parsons  F-,  Powell, 
Quinn,  Railsback,  Richardson,  Stewart,  Stites,  Toy,  Warren, 
Weir,  Williams,  Woodmansee,  and  Yeoman — 23. 

Mr.  Castello  offered  the  following  ordinance: 

AN  ORDINANCE  FOR  THE  RELIEF  OF  SOLOMON  UNGER,  OF  CLAIBORNE 
COUNTY,  MISSISSIPPI. 

Whereas,  Some  doubts  exist  as  to  the  age  of  the  said  Solo- 
mon Unger;  and 

Whereas,  The  said  Solomon  Unger  is  desirous  of  having  the 
disability  of  his  minority  removed,  if  any  exist,  and  of  settling 
all  doubts  as  to  his  right  to  exercise  all  the  rights  and  privileges 
of  full  age;  therefore, 

Be  it  ordained  by  the  people  of  the  State  of  Mississippi,  in 
Convention  assembled,  That  Solomon  Unger,  of  Claiborne 
county,  State  of  Mississippi,  is  hereb}'  relieved  of  all  the  po- 
litical and  civil  disabilities,  real  or  supposed,  except  as  to  the 
right  of  voting;  and  that  he  is  hereby  authorized  to  do  and 
perform  all  acts  of  citizenship  except  as  to  voting,  as  though 


676 


lie  were  of  foil  age;  Provided,  That  when  the  doubts  above 
expressed  are  removed,  the  said  Solomon  Unger  shall  enjoy  all 
the  rights  and  privileges  of  a  citizen  of  full  age. 

Upon  motion,  the  rules  were  suspended,  and  the  ordinance 
passed  its  first  reading. 

And  upon  a  further  suspension  of  the  rules,  the  ordinance 
was  placed  upon  its  second  reading. 

Mr.  Ozanne  moved  to  amend  as  follows:  Add  "Henry 
Ozanne,  Emile  Ozanne,  Alfred  Ozanne,  Paul  Ozanne,"  so  that 
their  disabilities  may  be  removed  for  the  purpose  of  transact- 
ing business. 

Mr.  Hauser  moved  to  table  the  amendment; 

Which  was  carried. 

And  the  motion  to  table  the  ordinance  was  lost,  by  the  fol- 
lowing vote : 

Yeas — Messrs.  Brinson,  Conley,  Herbert,  Lawson,  Niles, 
Orr,  Ozanne,  Parsons  F.,  Quinn,  Warren,  and  Woodmansee — 11. 

Nays — Messrs.  Alderson,  Bonney,  Alcorn,  Caldwell,  Castello, 
Clarke,  Combash,  Dowd,  Fitzhugh,  Gibbs,  Hauser,  Jacobs,  J  ami- 
son,  Johnson  A.,  Lack,  Leas,  Leonard,  Mask,  Musgrove,  Moore. 
Myers,  Mygatt,  McKnight,  Peyton  E.  A.,  Powell,  Railsback 
Richardson, -Stringer,  Stiles,  To}T,  Williams,  and  Yeoman — 32, 

And  the  ordinance  passed  its  second  reading. 

Mr.  Castello  moved  a  further  suspension  of  the  rules  to  place 
the  ordinance  on  its  third  reading; 

Which  was  carried. 

Mr.  Ozanne  moved  to  go  into  Committee  of  the  Whole  to 
consider  the  ordinance. 

Mr.  Fitzhugh  moved  to  table; 
Which  was  carried. 

And  the  ordinance  passed  its  third  reading,  and  reads  as 
above. 

The  following  was  the  vote : 

Yeas — Messrs.  Alcorn,  Ballard,  Bonney,  Caldwell,  Castello, 
Chappell,  Clarke,  Combash,  Dowd,  Fitzhugh,  Gibbs,  Hauser-. 
Jacobs,  Jamison,  Johnson  A.,  Lawson,  Leas,  Leonard,  Mayson, 
Mask,  Moore,  Mygatt,  McKee,  McKnight,  Peyton  E.  A.,  Powell, 
Railsbaek,  Richardson,  Stewart,  Stringer,  Stiles,  Yeoman — 32. 

Nays — Messrs.  Barry,  Brinson,  Conley,  Drane,  Herbert,  Lack, 
Musgrove,  Morgan,  Myers,  Niles,  Orr,  Ozanne,  Parsons  F.,  and 
Warren — 14. 

And  the  Ordinance  was  referred  to  the.  committee  on  Enroll- 
ment. 

Leave  of  absence  was  granted  to  Mr.  Field,  from  day  to  day. 

Mr.  Alcorn  moved  to  suspend  the  rules,  to  enable  himself. 
Mr.  Herbert,  and  Mr.  E.  A.  Peyton  to  introduce  a  resolution: 

Hesolved,  That  the  rules  be  suspended,  and  that  the  balance 
of  the  day  be  devoted  to  the  consideration  of  resolutions. 

A  motion  to  table  the  above  was  lost. 

Mr.  Fitzhugh  moved  to  indefinitely  postpone; 

Which  was  carried. 

Mr.  Gibbs  moved  to  table. 


677 


Mr.  Fitzhugh  moved  to  reconsider;  which  was  carried. 
Convention  adjourned  to  meet  at  3  o'clock,  p.  at. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Bonney,  Bridges,  Caldwell,  Castello,  Clarke,  Cunningham, 
Dowd,  Fitzhugh,  Gibbs,  Handy,  Hauser,  Jacobs,  Jamison,  John- 
son A.,  Lack,  Lawson,  Leas,  Leonard,  Mask,  Musgrove,  Moore, 
Morgan,  Myers,  Mygatt,  Mclvnight,  Newsom,  Niles,  Orr, 
Ozanne^  Parsons  F.,  Peyton  E.  A.,  Railshack,  Richardson, 
Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Warren,  Weir,  Wil- 
liams, Woodmansee,  and  Yeoman — 48. 

The  following  delegates  were  absent: 

Messrs.  Beam,  Brinson,  Chappell,  Chapman,  Collins,  Com- 
bash,  Conle}',  Drane,  Elliott  John,  Elliott  James,  Fawn,  Field, 
Herbert,  Holland,  Howe,  Hutto,  Johnson  S.,  Jones,  Kerr,  May- 
son,  Miles,  McKee,  Neiison,  Nelms,  Powell,  Parsons  J.  R.,  Pey- 
ton E.  G.,  Quinn,  Eainey,  Smith,  Toy,  and  Walker*— 32. 

Mr.  Alcorn  moved  to  suspend  the  rules,  to  enable  himself 
and  Mr.  E.  A,  Peyton  to  introduce  resolutions,  and  Mr.  Cun- 
ningham a  report; 

Which  was  carried. 

Mr.  Alcorn  offered  the  following: 

Besolvech  That  the  Constitution  framed  by  this  Convention, 
be  inserted  in  the  Grenada  Sentinel,  for  the  same  length  of  time, 
and  at  the  specified  rate  of  compensation  as  allowed  other 
papers  designated  for  that  purpose. 

Mr.  Morgan  moved  the  previous  question, 

Which  was  sustained; 

And  the  resolution  was  adopted,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Brinson, 
Castello,  Clarke,  Dowd,  Fitzhugh,  Handy,  Hauser,  Herbert, 
Jacobs,  Jamison,  Johnson  A.,  Lawson,  Leonard,  Mayson, 
3Ioore,  Morgan,  Myers,  Mygatt,  Newsom,  Eichardson,  Stovall, 
Stringer,  Stiles,  Williams,  Woodmansee,  and  Yeoman — 30. 

Nays — Messrs.  Ballard,  Conley,  Caldwell,  Cunningham, 
Gibbs,  Lack,  Leas,  Mask,  Musgrove,  McKnight,  Niles,  Ozanne, 
Parsons  F.,  Powell,  Stewart,  Stites,  Warren,  and  Weir — IS. 

The  special  committee  appointed  to  confer  with  the  State 
Auditor,  etc.,  reported  as  follows: 

Mr.  President:  Your  committee  appointed  to  confer  with 
the  State  Auditor  and  report  the  several  amounts  received  by 
him  from  the  various  Sheriffs  of  the  State,  would  respectfully 
•submit the  following  report: 

H.  Mask. 

A.  T.  Mono  ax, 

W.  B.  Cunningham, 

Committee. 


678 


The  amounts  received  by  the  State  Treasurer  from  the  vari- 
ous Tax  Collectors  up  to  this  date  are  as  follows : 


County  of  Adams  $  4,822  18 

County  of  Amite    „   2,482  37 

County  of  Atttala   1,508  43 

County  of  Bolivar  

County  of  Calhoun.   1,380  23 

County  of  Carroll   2,135  63 

County  of  Chickasaw  

County  of  Choctaw   1,162  69 

County  of  Claiborne   2,545  74 

County  of  Clarke   644  13 

County  of  Coahoma  

County  of  Copiah                                               .  3,352  31 

County  of  Covington  

County  of  Davis  

County  of  DeSoto   3,407  17 

County  of  Franklin.  ...        .   1,095  03 

County  of  Greene   102  53 

County  of  Hancock  

County  of  Harrison  

County  of  frinds                                  ...........  6,341  07 

County  of  Holmes  

County  of  Issaquena   621  14 

County  of  Itawamba  

County  of  Jackson  

County  of  Jasper   474  52 

County  of  Jefferson ........  .   1,885  82 

County  of  Kemper  

County  of  Lafayette    2,283  31 

County  of  Lauderdale   2,144  11 

County  of  Lawrence    2,171  28 

County  of  Leake    ; .  497  91 

County  of  Lee   814  69 

County  of  Lowndes  

County  of  Madison  

County  of  Marion  

County  of  Marshall.   5,255  52 

County  of  Monroe     1,735  26 

County  of  Neshoba  

County  of  Newton      1,219  07 

County  of  Noxubee   4,799  64 

County  of  Oktibbeha   1,221  35 

County  of  Panola   3,278  42 

County  of  Perry  

County  of  Pike   439  40 

County  of  Pontotoc.   832  28 

Countv  of  Rankin   1,284  01 

County  of  Seott   446  25 

Countv  of  Simpson   816  18 

County  of  Smith   733  93. 

County  of  Sunflower ........   '  


679 


County  of  Tallahatchie  $  1,328  84 

County  of  Tippah   1,517  92 

County  of  Tishomingo   2,267  69 

County  of  Tunica  

County  of  Warren  ,  4,906  16 

County  of  Washington   1,603  57 

County  of  Wayne  

County  of  Wilkinson   1,994  94 

County  of  Winston   711  27 

County  of  Yalobusha   5,922  84 

County  of  Yazoo   3,691  47 


Total  $87,795  65 


From  the  following  nineteen  counties  no  reports  haye  been 
made : 

Bolivar,  Chickasaw,  Coahoma,  Covington,  Dayis,  Hancock. 
Harrison,  Holmes,  Itawamba,  Jackson,  Kemper,  Lowndes, 
Madison,  Marion,  Neshoba,  Perry,  Sunflower,  Tunica,  and 
Wayne. 

The  following  counties  haye  sent  informal  reports  which 
haye  been  returned  for  correction : 

Tunica,  Lowndes,  Wayne,  and  Calhoun, 
Report  received. 

Mr.  Gibbs  offered  the  following: 

Resolved,  That  a  certified  copy  of  this  report  be  furnished 
to  the  General  commanding  the  Fourth  Military  District  for 
his  information. 

Mr.  Herbert  moved  to  amend  as  follows: 

And  that  the  special  attention  of  the  Commanding  General 
be  called  to  the  delinquent  counties,  and  that  he  be  requested 
to  have  the  Tax  Ordinance  aforesaid  enforced  forthwith. 

Resolution  adopted  as  amended. 

Mr.  Pe}'ton,  of  Hinds,  offered  the  following: 

Whereas,  In  accordance  with  the  expressed  wishes  of  the 
people  of  Hinds  county,  in  Convention  assembled  at  Raymond, 
May  11th,  1868,  the  voters  and  tax  payers  throughout  the 
State  are  entitled  to,  and  should  be  furnished  by  this  Conven- 
tion with  a  copy  of  the  new  Constitution  as  ordered  to  be 
printed  in  pamphlet  form;  therefore,  be  it 

Resolved,  That  100,000  copies  be  printed  fGr  this  distribu- 
tion. 

Mr.  Cunningham  moved  to  amend  by  striking  out  100,000 
and  inserting  10,000. 

Mr.  Herbert  offered  the  following  as  an  amendment  to  the 
amendment: 

Amend  by  striking  out  10,000,  and  inserting  20,000. 

And  under  the  operation  of  the  previous  question,  moved 
by  Mr,  Hauser,  and  sustained, 

The  amendment  to  the  amendment  was  adopted,  by  the  fol- 
lowing vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Bonney,  Bridges. 
Brinson,  Caldwell,  Castello,  Clarke,  Dowd,  Brane,  Fitzhugh. 


680 


Gibbs,  Hanser,  Herbert,  Jacobs,  Jamison,  Johnson  A.,  Lack, 
Lawson,  Leas,  Leonard,  Mayson,  Moore,  Morgan,  Myers, 
McKniglit,  Niles,  Orr,  Parsons  F.,  Powell,  Stewart,  Stringer, 
Stiles,  Toy,  Warren,  Williams,  Woodmansee,  and  Yeoman — 39. 

Nays — Messrs.  Conley,  Cunningham,  Handy,  Musgrove, 
Mygatt,  Newsom,  Ozanne,  Peyton  E.  A.,  Richardson,  and 
Stovall— 10. 

And  the  resolution  was  adopted  as  amended. 

Mr.  Morgan  moved  to  reconsider. 

Mr.  Castello  moved  to  table; 

Which  was  lost. 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Fitzhngh  and  sustained,  the  motion  to  reconsider  was 
carried. 

Mr.  Fitzhngh  offered  the  following,  as  an  amendment: 
Strike  out  all  after  the  word  "resolved,"  and  insert  as  fol- 
lows: "That  20,000  copies  of  the  Constitution  framed  by  this 
Convention,  be  printed  for  distribution  among  the  voters  of  the 
different  counties  in  this  State." 

Mr.  Orr  moved  to  strike  out  the  words  "  twenty  thousand," 
and  insert  the  words  "  fifty  thousand." 
Mr.  Castello  moved  the  previous  question, 
Which  was  sustained; 

And  the  amendment  to  the  amendment  offered  by  Mr.  Orr, 
was  lost,  by  the  following  vote : 

Yeas — Messrs.  Bonney,  Bridges,  Brinson,  Johnson  A.,  May- 
son,  Mygatt,  Orr,  and  Peyton  E.  A. — 8. 

Nays — Messrs.  Alderson,  Alcorn,  Caldwell,  Castello,  Clarke, 
Combash,  Dowd,  Drane,  Fitzhugh,  Gibbs,  Handy,  Hauser,  Her- 
bert, Jacobs,  Lawson,  Leas,  Leonard,  Musgrove,  Moore, 
McKnight,  Newsom,  Niles,  Ozanne,  Parsons  J.  R.,  Powell, 
Railsback,  Richardson,  Stewart,  Stites,  Stovall,  Stringer,  Stiles, 
Toy,  Warren,  Williams,  Woodmansee,  and  Yeoman — 37. 

And  the  amendment  was  adopted,  by  the  following  vote : 

Yeas — Messrs.  Alcorn,  Barry,  Bonney,  Bridges,  Brinson, 
Caldwell,  Castello,  Clarke,  Combash,  Cunningham,  Dowd,  Fitz- 
hugh, Gibbs,  Hauser,  Herbert,  Jacobs,  Jamison,  Lawson,  Leas, 
Leonard,  Moore,  Morgan,  Mygatt,  .Newsom,  Orr,  Parsons  F., 
Peyton  E.  A.,  Powell,  Railsback,  Richardson,  Stiles,  Stringer, 
Stites,  Toy,  Weir,  Williams,  Woodmansee,  and  Yeoman — 39. 

Nays — Messrs  Johnson  A.,  Mayson,  Musgrove,  Niles, 
Ozanne,  Stovall,  add  Warren — 7. 

And  the  resolution  as  amended,  reads  as  follows: 

Whereas,  In  accordance  with  the  expressed  wishes  of  the 
people  of  Hinds  county,  in  Convention  assembled  at  Raymond, 
May  11th,  1868,  the  voters  and  tax  payers  throughout  the 
State  are  each  entitled  to,  and  should  be  furnished  by  this  Con- 
vention with  a  copy  of  the  New  Constitution  ordered  to  be 
printed  in  pamplet  form;    therefore,  be  it 

Resolved \  That  20,000  copies  of  the  Constitution  framed  by 


681 


this  Convention,  be  printed  for  distribution  among  the  voters 
of  the  different  counties  in  this  State. 

Mr.  Peyton  moved  to  reconsider. 

Mr.  Orr  moved  to  table: 

Which  was  carried. 

Mr.  Orr  moved  to  reconsider  the  vote  indefinitely  postponing 
the  ordinance  relating  to  Clay  county,  introduced  this  morning. 
A  motion  to  table  was  lost. 
Mr.  Hauser  moved  the  previous  question, 
Which  was  not  sustained; 
And  the  subject  lies  over. 

Mr.  Morgan  moved  to  suspend  the  rules  to  further  consider 
the  matter. 

Mr.  Fitzhugh  moved  to  table; 
Which  was  lost. 

Mr.  Fitzhugh  moved  the  previous  question : 
Which  was  not  sustained. 

And  the  motion  to  suspend  the  rules  lies  over. 

Mr.  Castello  moved  to  suspend  the  rules  to  permit  the  com- 
mittee on  Enrollment  to  make  a  report,  and  Mr.  Leonard  to 
introduce  a  resolution. 

Mr.  Fitzhugh  moved  the  previous  question,  which  was  not 
sustained;  and  the  motion  lies  over. 

A  motion  to  adjourn  was  lost. 

Mr.  Morgan  moved  to  suspend  the  rules,  to  enable  him  to 
introduce  a  resolution. 

Pending  action  on  the  same,  the  Convention  adjourned  to 
meet  to-morrow  morning  at  9  o'clock. 

T.  P.  Sears, 
Secretarv. 


ONE  HUNDRED  AND  ELEVENTH  DAY. 

Jackson,  Miss.,  Thursday,  May  14th,  186S 

Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Ballard,  Barry,  Beam,  Bon- 
ney,  Bridges,  Brinson,  Caldwell,  Castello,  Chapman,  Chappell, 
Clarke,  Conley,  Dowd,  Drane,  Fawn,  Fitzhugh,  Gibbs,  Handy. 
Hauser,  Herbert,  Jacobs,  Jamison,  Johnson  A.,  Lack,  Lawson, 
Leas,  Leonard,  May  son,  Mask,  Musgrove,  Moore,  Morgan. 
Myers,  Mysatt,  McKee,  McKnight,  Niles,  Ozanne,  Parsons  F., 
Parsons  J.  R,  Peyton  E.  A.,  Powell,  Quinn,  Pvailsback,  Richard- 
son, Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy,  Warren. 
Williams,  Woodmansee,  and  Yeoman — 57. 

The  following  delegates  were  absent : 


682 


Messrs.  Alcorn,  Collins,  Combash,  Cunningham,  Elliott  John, 
Elliott  James,  Field,  Holland,  Howe,  Hutto,  Joh  son  S.,  Jones, 
Kerr,  Miles,  Neilson,  Nelms,  Newsom,  Orr,  Peyton  E.  G., 
Rainey,  Smith,  Walker,  and  Weir — 23. 

Mr.  Casteilo  moved  that  the  rules  be  suspended  to  enable 
him  and  Mr.  Herbert  to  introduce  resolutions; 

Which  was  carried. 

Mr.  Casteilo  offered  the  following: 

Whereas,  The  Vicksburg  Republican  commenced  printing 
the  debates  of  the  Convention,  under  the  impression  that  the 
same  was  ordered  by  the  printing  ordinance,  and  continued  the 
same  until  stopped  by  the  Committee  on  Printing;  and 

Whereas,  The  publishers  claim  compensation  for  the  same; 
therefore,  be  it 

Resolved,  That  the  Committee  on  Printing  be  and  is  hereby 
directed  to  allow  the  account. 

Which  was  adopted,  by  the  following  vote: 

Yeas — Messrs.  Barry,  Brinson,  Casteilo,  Chapman,  Chap  pell, 
Clarke,  Conley,  Cunningham,  Dowd,  Drane,  Fawn,  Fitzhugh, 
Gibbs,  Handy,  Hauser,  Herbert,  Jacobs,  Johnson  A.,  Lawson, 
Leas,  Leonard,  Moore,  Morgan,  Myers,  Mygatt,  McKnight, 
Newsom,  Parsons  F.,  Parsons  J.  R.,  Peyton,  Powell  E.  A.,  Quinn, 
Railsback,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy,  Wil- 
liams, Woodmansee,  and  Yeoman — 42. 

Nays— Messrs.  Ballard,  Beam,  Mask,  Musgrove,  Niles,  Orr, 
Ozanne,  Richardson,  Warren,  and  Weir — 10. 

And  the  account  is  as  follows: 

Jackson,  May  12th,  1868. 

Mississippi  Constitutional  Convention, 

To  Vicksburg  Republican,  Dr. 

To  publishing  debates  of  the  Convention,  to  include 

109th  day,  2,976  squares,  at  75  cents  per  square.  .$1,482  00 

Mr.  Casteilo  offered  the  following: 

Resolved,  That  five  thousand  copies  of  the  Journal  of  this 
Convention  be  printed  as  soon  as  possible  after  the  Constitu- 
tion is  signed,  and  that  the  Committee  of  Five,  appointed  by 
the  Convention,  distribute  the  same  to  the  several  members  of 
the  Convention. 

Mr.  Herbert  moved  to  amend  by  making  the  resolution  read, 
that  the  proceedings  and  debates  be  published  together,  in 
proper  order,  and  that  two  thousand  five  hundred  copies  be  in- 
serted instead  of  five  thousand. 

Mr.  Fitzhugh  moved  to  amend  the  amendment  by  striking 
out  2,500  and  inserting  5,000. 

Mr.  F.  Parsons  moved  to  refer  the  resolutions  and  amend- 
ments thereto  to  a  special  committee  of  three. 

Mr.  Clarke  moved  to  table;   which  was  carried. 


683 


And  the  amendment  to  the  amendment  was  laid  on  the  table. 

Mr.  Clarke  moved  to  strike  out  all  relating  to  debates. 

Mr.  Gibbs  moved  the  previous  question, 

Which  was  sustained; 

And  the  motion  to  strike  out  was  carried. 

And  the  resolution,  as  amended,  was  adopted. 

Mr.  Parsons,  of  Adams,  moved  to  reconsider. 

Mr.  Castello  moved  to  table; 

Which  was  carried. 

Mr.  Castello  introduced  the  following: 

Resolved,  That  the  Auditor  of  this  Convention  be  directed 
to  procure  a  set  of  books,  and  transcribe  the  accounts  of  the 
Convention  into  the  same,  and  file  said  books,  when  complet- 
ed, with  the  Auditor  of  the  State,  and  that  the  committee  of 
Five,  appointed  by  this  Convention  be  authorized  to  audit  an 
account  to  pay  said  Convention  Auditor  for  said  services,  not 
to  exceed  thirty  days,  at  $8  per  day. 

And  under  the  operation  of  the  previous  question,  moved 
and  sustained,  the  resolution  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Bonney,  C  ildwell,  Castello, 
Chapman,  Combash,  Dowd,  Drane,  Fitzhugh,  Herbert,  Morgan, 
Myers,  Mygatt,  Orr,  Parsons  F.,  Peyton  E.  A.,  Railsback, 
Stringer,  Stiles,  To^v— 21. 

Nays — Messrs.  Ballard,  Beam,  Bridges,  Brinson,  Chappell, 
Clarke,  Conley,  Cunningham,  Fawn,  Gibbs,  Handy,  Hauser, 
Johnson  A.,  Lawson,  Leas,  Leonard,  Musgrove,  McKnight, 
Newsom,  Niles,  Ozanne,  Powell,  Richardson,  Stewart,  Stites, 
Warren,  Weir,  Woodmansee,  Yeoman — 29. 

Mr.  Castello  offered  the  following: 

Resolved,  That  the  standing  committee  on  Printing  be  in- 
structed to  make  their  final  report  to-morrow  morning. 
Which  was  adopted. 
Mr.  Castello  offered  the  following: 

Resolved,  That  there  be  printed  (as  additional  numbers), 
bound  in  leather,  three  hundred  copies  of  the  Journal  of  the 
proceedings  of  this  Convention;  two  hundred  copies  to  be 
deposited  with  the  Secretary  of  State  for  the  public  archives 
of  the  State,  and  one  copy  to  be  delivered  to  each  member  of 
this  Convention. 

Mr.  Musgrove  moved  to  amend  as  follows: 

Strike  out  the  words  "  three  hundred,1'  and  insert  the  words 
"two  hundred." 

Mr.  Hauser  offered  the  following  as  an  amendment  to  the 
amendment: 

Strike  out  the  words  "two  hundred,"  and  insert  the  words 
"  five  hundred;"" 
Which  was  laid  on  the  table. 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Castello,  and  sustained,  the  amendment  was  lost. 
And  the  resolution  was  adopted. 
Mr.  Herbert  offered  the  following  resolution: 


684 

Resolved,  That  2,000  copies  of  the  report  of  the  committee  on 
the  Proclamation  of  Governor  Humphreys,  on  the  supposed  or 
imaginary  insurrection,  be  printed  in  pamphlet  form,  for  distri- 
bution amongst  the  people,  and  that  the  printing  thereof  be 
given  to  the  publishers  of  the  Pilot  newspaper;  and  also,  that 
the  said  report  be  published  in  said  paper; 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Ha  user,  and  sustained,  the  resolution  was  adopted,  by  the 
following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Bonney,  Bridges,  Brinson, 
Caldwell,  Chapman,  Chappell,  Clarke,  Cunningham,  Drane, 
Handy,  Hauser,  Herbert,  Johnson  A.,  Lawson,  Leas,  Moore, 
Morgan,  Mygatt,  McKnight,  Newsom,  Orr,  Peyton  E.  A.,  Pow- 
ell, Quinn,  Stewart,  Stiles,  S  to  vail,  Stringer,  Stites,  Toy,  War- 
ren, Williams,  and  Yeoman — 35. 

Nays — Messrs.  Ballard,  Beam,  Conley,  Dowd,  Fitzhugli, 
Gibbs,  Mask,  Musgrove,  Myers,  Niles,  Eailsback,  Richardson, 
and  Weir— 13. 

The  following  report  from  the  committee  on  Enrollment,  wTas 
submitted  by  their  chairman : 

Mr.  President — Your  committee  on  Enrollment  have  ex- 
amined an  Ordinance  for  the  relief  of  Solomon  Unger,  and 
have  instructed  me  to  report  that  they  find  it  correctly  enrolled. 

James  Weir, 

Chairman. 

Report  received. 

The  committee  on  Enrollment  made  the  following  additional 
report : 

Mr.  President — Your  committee  on  Enrollment  have  ex- 
amined two  copies  ot  the  Constitution,  Nos.  1  and  2,  as  adopted 
by  the  Convention,  as  a  whole,  and  respectfully  report  that  they 
find  the  same  correctly  enrolled. 

James  Weir,  Chairman. 
M.  T.  Newsom, 
A.  T.  Morgan, 
W.  B.  Cunningham, 

Committee. 

Report  received. 

Mr.  Weir  moved  that  the  Constitution  be  signed  by  the  dele- 
gates of  the  Convention,  at  3  o'clock,  this  p.  m. 
Mr.  Orr  moved  to  amend,  as  follows: 

That  the  signing  of  the  Constitution  be  made  the  special 
order  of  the  day  for  12  o'clock,  Saturday  next. 
Mr.  Hauser  moved  to  lay  on  the  table; 
Which  was  lost. 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Ozanne,  and  sustained,  the  amendment  was  adopted,  by  the 
following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Caldwell, 
Chapman,  Chappell,  Conley,  Drane,  Fawn,  Fitzhugh,  Gibbs^ 
Handy,  Herbert,  Jacobs,  Johnson  A.,  Lawson,  Morgan,  Mygatt 


685 


McKnight,  Orr,  Ozanne,  Peyton  E.  A.,  Railsback,  Stiles, 
Stovali,  Stites,  and  Woodrnansee — 28. 

Nays — Messrs.  Ballard,  Beam,  Bridges,  Brinson,  Clarke, 
Cunningham,  Dowd,  Hauser,  Leas,  Mask,  Musgrove,  Moore, 
Myers,  Newsom,  Parsons  P.,  Powell,  Quinn,  Richardson,  Stew- 
art, Stringer,  Toy,  Warren,  Weir,  Williams,  and  Yeoman — 25, 

And  the  resolution  as  amended  was  lost,  by  the  following 
vote : 

Yeas— Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Caldwell, 
Chapman,  Chappell,  Conley,  Drane,  Handy,  Herbert,  Jamison, 
Johnson  A.,  Morgan,  Mygatt,  McKnight,  Niles,  Orr,  Ozanne, 
Peyton  E.  A.,  Railsback,  Stiles,  Stovali,  Stites,  and  Woodman- 
see — 24. 

Nays — Messrs.  Ballard,  Beam,  Bridges,  Brinson,  Clarke,  Cnn- 
nigham,  Dowel,  Fawn,  Fitzhugh,  Gibbs,  Hauser,  Jacobs,  Law- 
son,  Leas,  Mask,  Musgrove,  Moore,  Myers,  Newsom,  Parsons 
F..  Powell,  Richardson,  Stewart,  Stringer,  Toy,  Warren,  Weir, 
Williams,  and  Yeoman — 29, 

The  committee  on  Contingent  Expenses  submitted  the  fol- 
lowing report : 

Mr.  President:  Your  Committee  on  Contingent  Expenses 
would  respectfully  recommend  that  the  annexed  bills  be  allowed, 
as  the  same  upon  due  investigation  have  been  found  correct. 

Respectfully, 

IT.  Ozanne,  Chairman. 
W.  H.  Gibbs, 
S.  C.  Conley, 
J.  Railsback, 
John  C.  Brinson, 

Committee. 

Bill  No.  1  is  for  expenses  incurred  in  purchasing  water 
buckets,  ice  dippers,  etc.,  as  per  order  of  the  Convention, 
amounting  to  $25  70,  and  warrant  ordered  to  be  drawn  in  favor 
of  Nelson  G.  Gill,  Sergeant-at-Arms. 

Bill  No.  2  is  for  paper  cases  purchased  of  T.  D.  Pace, 
amounting  to  $1  95. 

Under  a  suspension  of  the  rules,  report  received,  and  war- 
rants ordered  to  be  issued  as  above  stated. 

The  special  committee  appointed  to  confer  with  State  Audi- 
tor and  State  Treasurer,  made  the  following  report: 

Mr.  President:  Your  committee  appointed  to  confer  with 
the  State  Auditor  and  State  Treasurer,  as  to  the  labor  and  ex- 
pense those  two  officers  will  be  put  to  on  account  of  the  duties 
imposed  upon  them,  by  reason  of  the  lev}r  and  collection  of  the 
tax  assessed  by  this  Convention,  would  respectfully  report 
that  said  officers  will  be  occupied  for  several  months  in  the 
discharge  of  the  duties  as  above  stated,  and  that  the}'  are 
compelled  to  neglect  the  regular  duties  of  their  office  in 
order  to  meet  the  demands  of  this  Convention,  and  }*our  com- 
mittee would  further  report  that  they  have  examined  the  books 
of  the  Auditor  and  Treasurer,  and  collected  all  the  information 
which  they  could  as  what  would  be  a  reasonable  compensation 


686 


to  each  of  them;  and  to  the  State  Auditor,  we  would  recom- 
mend that  he  be  allowed  the  sum  of  three  ($300)  dollars,  per 
month  from  the  1st  day  of  March,  A.  D.  1868;  and  to  the 
State  Treasurer  a  like  compensation,  commencing  at  the  same 
time,  and  in  neither  case  to  exceed  the  period  of  six  months. 
This  3^our  committee  believes  to  be  a  fair  compensation,  and 
would  recommend  that  it  be  paid. 

Respectfully, 

A.  Alderson,  Chairman. 
W.  H.  Gibbs, 
E.  J.  Castello, 

Committee. 

Report  received. 

Mr.  Parsons,  of  Adams,  moved  to  amend  as  follows,  and  that 
warrant  be  drawn  by  the  State  Auditor  to  pay  the  same  at  the 
end  of  each  month. 

Mr.  Fawn  offered  the  following  as  an  amendment  to  the 
amendment : 

Insert  the  words  "one  hundred  dollars  per  month,"  instead 
of  the  words  "  three  hundred  dollars;" 

And  the  amendment  to  the  amendment  was  lost. 

Mr.  Mygatt  offered  the  following  as  an  amendment  to  the 
amendment: 

Strike  out  the  words  "  three  hundred  dollars,"  and  insert 
the  words  "  two  hundred  dollars  per  month;" 
Which  was  laid  on  the  table. 

And  under  the  operation  of  the  previous  question,  moved  by 
Mr.  Castello,  and  sustained,  the  amendment  of  Mr.  Parsons 
was  adopted; 

And  the  resolution,  as  amended,  was  adopted,  by  the  follow- 
ing vote: 

Yeas — Messrs.  Aklerson,  Alcorn,  Bonney,  Beam,  Brinson,Cas- 
tello,  Chapman,  Chappell,  Cunningham,  Dowd,  Drane,  Hauser, 
Herbert,  Jacobs,  Jamison,  Mayson,  Myers,  Mygatt,  Niles,  Orr, 
Parsons  F.,  Railsback,  Stovall,  Stiles,  Toy,  Yeoman — 26. 

Nays — Messrs.  Bridges,  Clarke,  Conley,  Fitzhugh,  Gibbs, 
Handy,  Johnson  A.,  Lavvson,  Leas,  Leonard,  Musgrove,  Mor- 
gan, McKnight,  Newsom,  Peyton  E.  A.,  Powell,  Richardson, 
Stewart,  Stringer,  Warren,  Weir,  Williams,  Woodmansee — 23. 

Mr.  Gibbs,  of  Wilkinson,  offered  the  following: 

Whereas,  It  has  come  to  the  knowledge  of  this  Convention 
that  Gen.  A.  C.  Gillem,  commanding  this  District,  has  directed 
the  Sheriffs  of  the  several  counties  not  to  collect  the  taxes 
levied  upon  the  railroads  in  this  State,  contrary  to  the  provis- 
ions of  the  Tax  Ordinance;  therefore,  be  it 

Resolved,  That  Benj.  H.  Orr,  of  Harrison  countj^,  be  in- 
structed to  proceed  to  Vicksburg  and  confer  with  the  General 
Commanding,  in  reference  to  the  collection  of  said  taxes. 

The  previous  question  called,  call  sustained,  and  the  resolu- 
tion was  adopted. 

Mr.  Castello  offered  the  following: 

Resolved,  That  from  and  after  Friday,  May  15th,  1868,  the 


687 


members  of  this  Convention  shall  not  be  entitled  to  any  fur- 
ther per  diem ; 

Which  was  adopted. 

Mr.  Warren  moved  that  the  report  of  the  committee  on  the 
removal  of  political  disabilities,  be  made  the  special  order  for 
3  o'clock,  p.  m.,  this  day; 

Which  was  cariied. 

Mr.  Fitzhugh  offered  the  following: 

Resolved,  That  the  signing  of  the  Constitution  framed  by 
this  Convention,  be  made  the  special  order  of  the  day  for 
to-morrow  morning  at  9  o'clock. 

Mr.  Weir  moved  to  amend  by  fixing  the  time  at  4  o'clock,  p. 
in.,  this  day. 

A  motion  to  adjourn  was  lost. 

Mr.  Castello  moved  the  previous  question, 

Which  was  sustained; 

And  the  motion  of  Mr.  Fitzhugh  was  carried. 
And  the  amendment  was  lost. 
And  the  resolution  of  Mr.  Gibbs  was  lost. 
Mr.  Castello  moved  to  reconsider  the  vote  awarding  compen- 
sation to  the  State  Auditor  and  Treasurer; 
Which  was  carried. 

Mr.  Gibbs  moved  to  indefinitely  postpone  the  further  con- 
sideration of  the  subject. 

Mr.  Fitzhugh  moved  the  previous  question, 
Which  was  sustained; 

And  under  the  operation  thereof,  the  motion  to  indefinitely 
postpone  was  carried. 

Convention  adjourned  to  meet  this  evening  at  3  o'clock. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  d3legates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Barry,  Beam,  Bon- 
ney,  Bridges,  Caldwell,  Castello,  Clarke,  Conley,  Cunningham. 
Dowd,  Fitzhugh,  Gibbs,  Handy,  Hauser,  Herbert,  Jacobs, 
Jamison,  Johnson  A.,  Lawson,  Leas,  Leonard,  Mayson,  Mask, 
Musgrove,  Morgan,  Myers,  McKee,  McKnight,  Newsom,  Niles. 
Ozanne,  Parsons  F.,  Powell,  Railsback,  Richardson,  Stewart. 
Stites,  Stovall,  Stringer,  Stiles,  Toy,  Warren,  Weir,  Williams, 
and  Yeoman — 48. 

The  following  delegates  were  absent: 

Messrs.  Ballard,  Brinson,  Chapman,  Chappell,  Collins,  Corn- 
bash,  Drane,  Elliott,  John,  Elliott  James,  Fawn,  Field,  Holland. 
Howe,  Hutto,  Johnson  S.,  Jones,  Kerr,  Lack,  Miles,  Moore, 
Mygatt,  Neilson,  Nelms,  On*,  Parsons  J.  R.,  Peyton  E.  A., 
Peyton  E.  G.,  Quinn,  Rainey,  Smith,  Walker,  Woodmansee— 32. 

Mr.  Castello  moved  to  reconsider  the  vote  in  relation  to  per 
diem,  passed  this  morning. 

Mr.  Beam  moved  to  table;  which  was  lost. 


688 


Mr.  Castello  moved  the  previous  question, 
"Which  was  sustained; 

And  the  motion  to  reconsider  was  carried,  by  the  following 

vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Caldwell, 
Castello,  Conley,  Clarke,  Drane,  Herbert,  Jacobs,  Johnson  A., 
Lawson,  Leas,  Leonard,  Mayson,  Moore,  McKnight,  Newsom, 
Mies,  Railsback,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy, 
Woodmansee,  Yeoman — 29. 

Nays — Messrs.  Ballard,  Beam,  Bridges,  Cunningham,  Dowd, 
Fitzhugh,  Hauser,  Jamison,  Mask,  Musgrove,  Mygatt,  McKee, 
Ozanne,  Parsons,  Powell,  Richardson,  Warren,  Weir,  and  Wil- 
liams— 20. 

Mr.  Parsons  introduced  the  following  ordinance: 
Whereas,  Gen.  Alvin  C.  Gillem,  commanding  the  Fourth 
Military  District,  did,  on  the  25th  day  of  April,  186S,  without 
first  consulting  this  Convention,  issue  his  orders  to  the  Audi- 
tor of  the  State,  directing  him  to  stop  the  collection  of  the 
tax  levied  by  this  Convention  upon  the  railroads  of  this  State, 
thereby  releasing  from  the  burdens  of  taxation  and  support 
of  government,  a  large,  powerful  and  oppressive  monopoly, 
contrary  to  the  provisions  of  an  ordinance  passed  by  this  Con- 
vention, February  27,  1868;  contrary  to  the  expressed  will  of 
the  people  as  solemnly  declared  in  Convention,  and  con- 
trary to  the  rights  of  the  citizens  of  a  State,  to  change,  alter, 
or  amend  any  parts  of  their  laws  at  will;  and 

Whereas,  Such  action  of  the  Commanding  General  as  afore- 
said, has  reduced  the  amount  of  taxes  estimated  to  be  collected 
under  said  ordinance  over  fifty  thousand  dollars,  thereby, 
making  a  great  deficit  in  the  amount  necessary  to  pay  the  ex- 
penses of  this  Convention;  therefore, 

Be  it  ordained  by  the  people  of  the  State  of  Misssippi,  in 
Convention  assembled,  And  as  supplementary  and  in  addition 
to  an  ordinance  entitled  an  ordinance  to  provide  for  the  levy 
and  collection  of  a  tax  to  defray  the  expenses  of  this  Conven- 
tion passed  February  27,  1868,  that  a  special  tax  of  fifty  per 
cent,  of  the  amount  of  the  tax  levied  by  said  ordinance,  be, 
and  the  same  is  hereby  levied  in  addition  thereto,  and  the 
Sheriffs  of  the  several  counties  are  hereby  notified  to  collect 
the  same  in  the  same  manner  and  time,  and  under  the  same 
regulations  as  provided  in  said  ordinance  and  ordinances  since 
passed  amendatory  thereof,  in  eveiy  particular  subject  to  the 
pains  and  penalties  for  neglect  or  failure  so  to  do  as  provided 
in  said  ordinance;  Provided,  That  said  Sheriffs  shall  make 
their  final  reports  upon  the  collection  of  this  tax  prior  to  the 
*  1st  day  of  August,  1868;  Provided  further,  That  the  penal- 
ties provided  in  said  ordinance  shall  not  be  applied  to  the  tax 
levied  by  this  ordinance. 

Fred  Parsons, 
Chairman  Finance  Committee. 


689 


Mr.  Morgan  moved  to  receive  and  make  it  the  special  order 
for  to-morrow  morning  at  9  o'clock. 

Previous  question  moved  and  sustained  ; 

And  the  motion  of  Mr.  Morgan  was  carried. 

The  report  of  the  committee  on  the  Removal  of  Political 
Disabilities  was  taken  up  for  consideration. 

Mr.  Herbert  moved  to  refer  the  report  to  the  next  Legisla- 
ture. 

A  motion  to  table  was  lost. 
Mr.  Gibbs  moved  to  indefinitely  postpone. 
Mr.  Cunningham  moved  the  previous  question, 
Which  was  sustained; 

And  the  motion  to  indefinitely  postpone  the  motion  to  refer 
was  carried. 

Mr.  Fitzhugh  moved  that  the  report  be  taken  up  by  counties. 
Mr.  Warren  moved  the  previous  question, 
Which  was  sustained; 
And  the  motion  prevailed. 

And  the  following  names  were  recommended  to  be  forwarded 
to  Congress,  requesting  that  their  political  disabilities  be  re 
moved : 

H.  H.  Howard  Leake  county. 

John  A.  Hanson.  ,  Leake  county. 

Wm.  P.  Graves  Leake  county. 

Wm.  J.  Lowe  •  Leake  count}'. 

James  H.  Caldwell  Leake  county. 

C.  Lindsey  Choctaw  county. 

H.  Bayes  Choctaw  count}*. 

Ira  McDowell  Choctaw  county. 

Owen  C.  Davis  Choctaw  count}*. 

Aaron  Smith  Choctaw  county. 

Franklin  Burges  Choctaw  county. 

John  Simington  Lee  county. 

John  Myers  Lee  county. 

E.  H.  Wiggull  Lee  county. 

P.  F.  Shannon  Lee  county. 

Bailey  Sheppard  Lee  county. 

Eli  Phillips  Lee  county. 

Lock  Hawkins  '  Lee  county. 

John  Adernhold  Lee  county. 

B.  McManus  Lee  county. 

James  M.  Wylie  Lee  county. 

James  C.  Armstrong   Panola  county, 

G.  H.  Webster  Simpson  county. 

H.  Mask  Tishomingo  count}'. 

J.  L.  Wofford  Tishomingo  county. 

W.  H.  Jones  Tishomingo  county. 

J.  A.  Conner  Tishomingo  count}'. 

T.  D.  Duncan  Tishomingo  county. 

T.  D.  Barefoot  Tishomingo  county. 

Austin  Ballard  Tishomingo  count}-. 

B.  B.  Boone  Tishomingo  countv. 

C— U 


690 


E.  W.  Carmack .  ...  ....................  Tishomingo  county. 

A.  B.  Fetts  Tishomingo  county. 

E.  C.  Eggleston  Lowndes  county. 

G.  C.  Sullivan   Oktibbeha  county. 

H.  F.  Buchanan  DeSoto  county. 

John  W.  Vance   DeSoto  count}r. 

G.  E.  Harris   DeSoto  county. 

K.  C.  Kerr  Hinds  county. 

H.  V.  Barr   .  *  *   Hinds  county. 

Joseph  Lemly  Hinds  county. 

M.  M.  Peyton .............  ............  Hinds  county. 

Samuel  Donnell  . . .   .  .Hinds  county. 

Thomas  A.  Mellon .....  ................  Hinds  county. 

James  Fairchild  Hinds  county. 

H.  A.  McLeod   .   Covington  county. 

John  P.  Marshall.  Carroll  county. 

B.  T.  Marshall   Carroll  county. 

James  S.  Johnson. .   .Carroll  county. 

George  Stovall.  .......  Carroll  county. 

W.  T.  Townsend .......................  Carroll  county. 

J.  L.  Morphis  Pontotoc  county, 

C.  T.  Bond   Pontotoc  county. 

Isaac  Hudson   .  ...............  .Bolivar  county. 

George  Boozer.  Leake  county. 

L.  Y.  Brittain  Leake  county. 

Joseph  K.  Coffey .......................  Attala  county. 

E.  H.  Sanders   Attala  county. 

M.  At  Clarke    Attala  county. 

Wm.  B.  Thomson   Attala  county. 

Ehenezer  M.  Wells  .Attala  county. 

James  M.  Miller,  sr   .Wilkinson  county. 

Wm.  H.  Noble   .Wilkinson  county. 

J.  L.  Haskins  .Holmes  county. 

Erastus  Haskins  Holmes  county. 

E.  B.  Sprole   Holmes  county. 

Wallace  Wilson  Holmes  county. 

W.  A.  West. .......  .   .Holmes  county. 

L.  A.  West.  Holmes  county. 

Peter  B.  Cook   Yazoo  county. 

George  Moorman .....  .................  Madison  county. 

C.  C.  Shackleford   ........  ....  .Madison  county, 

B»  B.  McFadden   Itawamba  county. 

Joseph  Green   Itawamba  county. 

James  H.  Owen ......  .........  ........  Scott  county. 

L.  L.  Davis ..........  Harrison  county. 

F.  N.  Saucier  .........  ......  Harrison  county. 

C.  E.  Murphree. ...................   ....  Calhoun  county. 

Hiram  G.  Hall.  .   Calhoun  county. 

J.  L.  Atkinson   Chickasaw  county. 

S.  D.  Pinson.   .Pontotoc  county. 

J.  L.  Flanekin.  .   .Lowndes  county. 

W.  H.  Cook ...........................  Lowndes  county. 


691 


Arthur  Mangum  Covington  county. 

Julius  Allen  Coahoma  county. 

D.  B.  Maynard  Coahoma  county. 

J.  M.  Crisman  Coahoma  county. 

Robt.  G.  Sharpe  Coahoma  county. 

George  R.  Alcorn  Coahoma  county. 

Asa  Cobb  Coahoma  county. 

J.  H.  Owens,  jr  Tunica  county. 

J.  W.  Stone  Tunica  county. 

Lewis  M.  Deering  Tunica  county. 

Oliver  Clarke  Winston  count}-. 

Thomas  Houston..  Winston  count}'. 

W.  G.  Huoston  Winston  count}'. 

Orville  M.  Blanton  Washington  county. 

T.  G.  Polk  Washington  county. 

L.  B.  Valient  Washington  county. 

Frank  Valient  Washington  county. 

John  H.  Nelson  Washington  county. 

T.  W.  Adams  Kemper  county. 

B.  F.  Rush  Kemper  county. 

John  McRae  ,  .Kemper  county. 

W.  W.  Chisholm  Kemper  county. 

M.  D.  Crawford  Kemper  county. 

E.  R.  Fowler  Kemper  county. 

Moses  G.  Hallford  Kemper  county. 

J.  A.  Orr  Lowndes  county. 

John  H.  Lawrence  Lowndes  county. 

Allen  T.  Riggs  DeSoto  county. 

J.  W.  Boykin  Wayne  county. 

Robt.  D.  Palmer  Carroll  county. 

J.  Moore  McAlla  Tishomingo  county. 

Thos.  P.  Young  Tishomingo  county. 

Robt.  Davenport  Tishomingo  county. 

Wm.  A.  Taylor  Tishomingo  county. 

Samuel  Young  Attala  county. 

Joseph  Wise  Attala  county. 

Samuel  Munson  Attala  county. 

John  K.  Oliver    Panola  county. 

B.  F.  Jones  Carroll  county. 

John  H.  Hardy  Winston  county. 

A.  M.  Green  Holmes  county. 

J.  W.  Ashcraft  Holmes  county. 

Henry  C.  Stokes  Holmes  county. 

W.  W.  Robertson  Tippah  county. 

W.  E.  Farmer  Panola  county. 

Benj,  F.Sutton  R:  nkin  county. 

Jere  L.  Davis  Yalobusha  county. 

Andrew  J.  Guerant  Clarke  county. 

James  L.  Bass  Clarke  county. 

Wm.  H.  West  Clarke  county. 

Ira  J.  Carter  Clarke  county. 

Wm.  B.  Smith  Clarke  county. 


i 


692 


Wm.  Courson   Clarke  county. 

F.  Hodges  Chickasaw  county. 

J.  M.  Pruitt  .  Lowndes  county. 

A.  M.  Green   .   ..............  Holmes  county. 

Newton  Knight  Jasper  county. 

R.  W.  Simmons ....  Jasper  county. 

A.  D.  Dickson   Harrison  county. 

John  L.  Henley  Harrison  county 

Peirre  Saucier .........................  Harrison  county. 

W.  M.  Deason   ..Harrison  county. 

Wm.  Thompson   .Jefferson  county. 

Prosper  K.  Montgomery   .  .Jefferson  count}'. 

James  Archer.  ........................ .Jefferson  county. 

Henry  McClure   J  efferson  county. 

Nathan  Bnnkley   .Franklin  county. 

Wm.  K.  McGee  Franklin  county. 

Mr.  Niles,  by  consent,  called  up  the  ordinance  for  considera- 
tion relating  to  Clay  county,  which  was  indefinitely  postponed 
on  yesterday,  and  moved  the  reconsideration  of  the  vote. 

The  previous  question  was  moved  and  sustained,  and  the 
motion  to  reconsider  prevailed; 

And  the  ordinance  passed  its  first  reading. 

A  motion  to  adjourn  was  lost. 

Mr.  Mies  moved  to  suspend  the  rules,  and  put  the  ordinance 
on  its  second  reading. 

The  previous  question  was  moved  by  Mr.  Fitzhugh  and  sus- 
tained. 

A  motion  to  suspend  the  rules  to  put  the  ordinance  upon  its 
second  reading, 

Was  carried,  by  the  following  vote : 

Yeas— Messrs.  Alderson,  Ballard,  Beam,  Bridges,  Clarke, Con- 
ley,  Cunningham,  Gibbs,  Hauser,  Herbert,  Jacobs,  Jamison, 
Leas,  Musgrove,  Mygatt,  McKnight,  Mies,  Parsons  F.,  Peyton 
E.  A.,  Powell,  Qumn,  Railsbaek,  Richardson,  Stewart,  StovalL 
Stiles,  Toy,  Warren,  Weir,  Williams,  and  Yeoman — 31. 

Nays— Messrs.  Alcorn,  Barry,  Brinson,  Dowd,  Drane,  Fitz- 
hugh, Handy,  Johnson  A.,  May  son,  Moore,  Morgan,  Myers, 
Stringer — 13. 

Pending  further  action  upon  the  same,  the  Convention  ad- 
journed to  meet  to-morrow  morning  at  9  o'clock. 

T.  P.  Sears, 

Secretary. 


ONE  HUNDRED  AND  TWELFTH  DAY. 

Jackson,  Miss.,  Friday,  May  15th,  1868, 


The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain, 


693 


Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

31r.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Barry, 
Beam,  Bonney,  Bridges,  Brinson,  Caldwell,  Castello,  Chap- 
man, Chappell,  Clarke,  Conley,  Cunningham,  Dowd,  Drane, 
Fitzkugh,  Gibbs,  Handy,  Hauser,  Herbert,  Jacobs,  Jami- 
son, Johnson  S.,  Johnson  A.,  Lawson,  Leas,  Leonard, 
Mayson,  Musgrove,  Moore,  Morgan.  Myers,  Mygatt,  McKee, 
McKnight,  Newsom,  ISIles,  Ozanne,  Parsons  F.,  Parsons  J.  R., 
Peyton  E.  A.,  Powell,  Railsback,  Richardson,  Stewart,  Stiles, 
^tovall,  Stringer,  Stites,  Toy,  Warren,  Weir,  Williams,  Wood- 
mansee,  and  Yeoman—  58. 

The  following  delegates  were  absent: 

Messrs.  Collins,  Combash,  Elliott  John,  Elliott  James,  Fawn, 
Field,  Holland,  Howe,  Hutto,  Jones,  Kerr,  Lack,  Mask.  Miles, 
Neilson,  Nelms,  Orr,  Peyton  E.  G.,  Quinn.  Rainey,  Smith,  and 
Walker— 22. 

On  motion,  the  reading  of  the  Journal  of  yesterday  was  dis- 
pensed with. 

Leaves  of  absence  were  granted  to  Messrs,  Mask  and  Fawn 
for  one  day. 

Mr.  Alderson  moyed  that  Mr.  Peyton,  a  soldier  of  the  war  oi' 
1812,  and  a  resident  of  Hinds  county,  be  invited  to  a  seat 
within  the  bar; 
.  Which  was  carried. 

The  committee  on  Contingent  Expenses  made  the  following 
report  : 

Me.  Peesidext:  The  committee  on  Contingent  Expenses,  to 
whom  was  referred  the  annexed  accounts,  would  respectfully 
report  in  favor  of  their  adoption,  as  your  committee  belieye 
they  are  just  and  correct. 

Respectfully, 

L".  Ozaxxe,  Chairman. 
W.  H.  Gibbs, 
Jehiel  Railsbace, 

S-  C.  COXLEY, 

Johx  C  Bbixsox,  Committee. 

Report  received,  and  under  a  suspension  of  the  rules,  the 
.  accounts  were  allowed,,  and  warrants  ordered  to  be  drawn  in 
aymeat  thereof: 

State  of  Mississijopi, 

To  Tazwetl  Jones,  Dr. 

For  services  rendered  the  Constitutional  Convention 
as  porter  and  as  keeper  of  out-buildings,  from  May  2d 
to  May  15th,  13  days,  at  $2  50  per  day^  $32  50 

I  certify  that  the  above  is  correct. 
r  Nelson  G.  Gill, 

Sergeant-a  t-A  rms. 


694 

Jackson,  Miss..  May  15th,  1868. 

Mississippi  Constitutional  Convention, 

To  the  Clarion  Office,  Dr. 

To  60  copies  Daily  Clarion  for  6  clays,  at  5  cents  per 

copy  $18  00 


I  certify  the  above  account  is  correct. 

Nelson  G.  Gill, 
Sera  eant-at- Arms. 

Mr.  President:  The  committee  to  whom  was  referred  a 
resolution  looking  to  the  investigation  of  certain  charges 
against  the  Hon.  D.  McA.  Williams,  relative  to  the  purchase 
of  stationery,  in  pursuance  of  a  resolution  of  this  Convention, 
for  use  of  the  same,  beg  leave  to  state  that  we  have  investi- 
gated said  charges  to  the  best  of  our  ability,  and  have  been 
unable  to  find  anything  but  what  should  be  fully  indorsed,  and 
we  recommend  that  he  be  fully  exonerated. 

J.  Hauser, 

Chairman. 

Report  received. 

( Mr.  Newsom  moved  that  the  delegates  in  signing  the  Consti- 
tution, be  called  by  counties. 

Mr.  Woodman  see  moved  to  sign  in  alphabetical  order,  after 
the  President  shall  have  signed,  and  that  it  be  attested  by  the 
Secretary; 

Which  wrs  carried. 

The  following  communication  was  presented: 

Mississippi  Consitutional  Convention.) 
Jackson,  Miss.,  May  14th,  1868.  f 

To  the  President  and  Members  of  the  Convention: 

Hon.  Geo.  Stovall,  is  hereby  authorized  to  sign  my  name  to 
the  Constitution  of  the  State  of  Missiasippi,  now  being  framed 
by  the  Constitutional  Convention. 

H,  Mask. 

Mr.  Morgan  moved  to  suspend  the  rules  to  enable  him  to 
introduce  a  resolution ; 
Which  was  carried, 
Mr.  Morgan  offered  the  following: 

Resolved,  That  on  and  after  this  day,  thirty  members  shall 
constitute  a  quorum  for  the  purpose  of  finishing  and  closing 
up  the  unfinished  business  of  the  Convention. 

Which  was  adopted. 

The  special  order  of  the  day  was  taken  up,  to-wit:  The  sign- 
ing of  the  Constitution  by  the  delegates, 

Mr.  Clarke  moved  that  the  names  of  the-  counties  repre- 
sented be  placed  opposite  the  names  of  the  delegates; 

Which  was  carried, 


695 


Mr.  Herbert  moved  that  no  blanks  be  left  for  absent  members 
to  sign; 

Which  was  lost. 

Mr.  Stiles  moved  that  the  action  of  this  Convention  so  far 
as  it  relates  to  the  resignation  of  Mr.  Nesbitt,  be  rescinded,  on 
the  ground  that  said  Nesbitt  did  not  sign  or  authorize  his  res- 
ignation to  be  presented  to  the  Convention. 

Mr.  Ozanne  moved  to  table ; 
Which  was  lost, 

Mr.  Alderson  moved  that  Mr.  Nesbitt  be  allowed  to  speak 
on  the  above  resolution; 
Which  was  lost; 

And  the  resolution  of  Mr.  Stiles  was  can  led,  by  the  follow- 
ing vote  : 

Yeas — Messrs.  Alderson,  Alcorn,  Beam,  Bonney,  Bridges. 
Caldwell,  Cunningham,  Diane,  Litzhugh,  Gibbs,  Hauser,  Her- 
bert, Jamison,  Lawson,  Mayson,  Musgrove,  Moore.  Myers. 
Mygatt,  McKnight,  Newsoni,  Parsons  J.  R,,  Railsback,  Rich- 
ardson, Stites,  Stovall,  Stringer,  Stiles,  Toy,  Weir,  William s-3.2. 

Nays — Messrs.  Barry,  Brinson,  Chapman,  Clarke,  Conley. 
Dowd,  Jacobs,  Johnson  S.,  Johnson  A.,  Leas,  Morgan,  Ozanne. 
Parsons  R,  Powell,  Stewart,  Warren,  Woodmansee,  and  Yeo- 
man— 18, 

Mr.  Alcorn  moved  to  suspend  the  rules,  to  enable  him  to 
introduce  a  resolution. 

Mr.  Morgan  moved  to  table, 
Which  was  lost; 

And  the  motion  of  Mr.  Alcorn  was  carried, 
Mr.  Alcorn  introduced  the  following  resolutions  : 
Resolved,  That  the  thanks  of  this  Convention  be  presented 
to  the  Hon.  B.  B.  Eggleston,  for  the  able,  dignified,  and  impar- 
tial manner  in  which  he  has  presided  over  the  deliberations  of 
this  body,  and  that  in  retiring  therefrom  he  carries  with  him 
the  best  wishes  of  every  delegate. 
Which  was  adopted. 

Resolved,  That  the  thanks  of  this  Convention  are  due,  and 
are  hereby  tendered,  to  John  Tovell,  the  Reporter  of  this  Con- 
vention, for  the  faithful  manner  in  which  he  has  discharged 
his  arduous  duties. 

Which  was  adopted. 

Resolved,  That  the  thanks  of  this  Convention  are  tendered 
to  Rev.  Lester  Williams  for  opening  its  daily  sessions  with 
prayer  to  the  Throne  of  Grace. 

Which  was  adopted. 

Resolved,  That  the  thanks  of  this  Convention  are  hereby 
tendered  to  A.  Worley  Patterson,  Assistant  Secretary,  Nelson 
G.  Gill,  Sergeant-at-Arms,  C.  F.  Norris,  Doorkeeper,  and  Elijah 
Robinson,  Assistant  Doorkeeper,  for  the  faithful  discharge  of 
their  duties  as  officers  of  the  same. 

Which  was  adopted 


696 


Mr.  Cunningham  moved  to  suspend  the  rules,  to  allow  Mr. 
Bailsback  to  introduce  a  resolution ; 
Which  was  carried. 

And  Mr.  Railsback  offered  the  following: 

Resolved,  That  this  Convention  tender  their  thanks  to  Hon. 
Thad.  P.  Sears,  for  the  faithful  and  efficient  manner  in  which 
he  has  discharged  the  duties  of  his  office  as  Secretary  of  this 
Convention. 

Which  was  adopted. 

And  under  a  further  suspension  of  the  rules, 
Mr.  Stites  introduced  the  following: 

Whereas,  In  consequence  of  the  great  depreciation  in  the 
warrants  of  this  Convention,  the  delegates  and  officers  of  the 
same  receiving  only  in  name  the  face  of  their  warrants;  and 

Whereas,  The  people  of  this  State  believe  that  the  full 
amount  has  been  paid  them,  or  so  near  the  full  amount  as  to 
make  no  material  difference,  such,  in  fact,  not  being  the  case, 
the  officers  and  members  of  this  Convention  being  necessarily 
compelled  to  sacrifice  their  warrants  at  from  thirty  to  forty  per 
cent,  discount  on  the  dollar,  thereby  receiving  only  $6  50  to  $7, 
according  to  sales  made  of  warrants,  instead  of  $10;  now, 
therefore,  be  it 

Resolved,  That  to  partly  liquidate  the  losses  incurred  by 
being  necessarily  compelled  to  sacrifice  their  warrants  at  so 
ruinous  a  discount,  that  a  sum  not  to  exceed  twenty-five  per 
cent,  be  allowed  upon  all  per  diem  warrants  issued  to  the 
officers  and  members  of  this  Convention. 

Mr.  Cunningham  moved  to  lay  on  the  table; 

Which  was  lost. 

Mr.  Fitzhugh  moved  the  previous  question; 
Which  was  sustained. 

And  the  resolution  of  Mr.  Stites  was  lost,  by  the  following 

rote : 

Yeas— Messrs.  Bonney,  Drane,  Fitzhugh,  Johnson  A.,  Law- 
son,  Leas,  Morgan,  Peyton  E.  A.,  Quinn,  Stites,  Toy,  and  Yeo- 
man— 12. 

Nays — Messrs.  Alderson,  Alcorn,  Ballard,  Bridges,  Brinson, 
Caldwell,  Chappell,  Clarke,  Cunningham,  Gibbs,  Hauser,  Her- 
bert, Jacobs,  Jamison,  Johnson  S.,  Musgrove,  Mygatt  New- 
som,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Powell,  Bailsback, 
Eichardson,  Stov&ll,  Stringer,  Stiles,  Warren,  Weir,  and  Wood- 
mansee — 30. 

Mr.  Alcorn  moved  to  strike  from  the  Journal  all  relating  to 
the  above  resolution. 
A  motion  to  table  was  lost. 

And  under  the  operation  of  the  previous  question,  moved 
by  Mr.  Fitzhugh,  and  sustained,  the  motion  to  strike  from  the 
Journal  was  lost,  by  the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Brinson,  Caldwell,  Conley, 
Gibbs,  Jacobs,  Moore,  Myers,  Stewart,  Stovall,  Stringer,  and 
Stiles— 13. 

Nays— Messrs,  Beam,  Bonney,  Bridges,  Clarke,  Cunningham, 


697 


Dowd,  Drane,  Fitzhugh,  Hanser,  Herbert,  Jamison,  Johnson  S., 
Johnson  A.,  Lawson,  Leas,  Mayson,  Musgrove  Morgan,  McKee, 
Newsom,  Ozanne,  Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A., 
Powell,  Quinn,  Railsback,  Richardson,  Stites,  Toy,  Weir, 
Woodmansee,  and  Yeoman — 33. 

Mr.  Railsback  moved  to  reconsider  the  vote  just  taken,  and 
pending  consideration  of  the  same,  the  Convention  adjourned 
to  meet  at  3  o'clock,  r.  m. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 
Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names: 

Mr.  President,  Messrs.  Alcorn,  Ballard,  Barry,  Beam,  Bon- 
ney,  Bridges,  Caldwell,  Chapman,  Clarke,  Conley,  Dowd,  Drane. 
Gibbs,  Handy,  Hanser,  Jacobs,  Jamison,  Johnson  S.,  Johnson 
A.,  Lawson,  Leas,  Leonard,  Musgrove,  Moore,  Morgan,  Mygatt, 
McKee,  Newsom,  Niles,  Ozanne,  Parsons  F.,  Peyton  E.  A., 
Powell,  Quinn,  Railsback,  Richardson,  Stewart,  Stites,  Stovall, 
Stringer,  Stiles,  Toy,  Weir,  Williams,  Woodmansee,  and  Yeo- 
man— 48. 

The  following  delegates  were  absent: 

Messrs.  Alderson,  Brinson,  Castello,  Chappell,  Collins,  Com- 
bash,  Cunningham,  Elliott  John,  Elliott  James,  Fawn,  Field, 
Fitzhugh,  Herbert,  Holland,  Howe,  Hutto,  Jones,  Kerr,  Lack, 
Mayson,  Mask,  Miles,  Myers,  McKnight,  Neilson,  Nelms,  Orr, 
Parsons  J.  R.,  Peyton  E.  G.,  Rainey,  Smith,  Walker,  and  War- 
ren—33. 

The  motion  to  reconsider,  pending  on  adjournment,  was  taken 
up. 

Mr.  Gibbs  moved  to  table; 
Which  was  lost. 

Under  the  operation  of  the  previous  question,  moved  by  Mr. 
Ozanne,  and  sustained,  the  motion  to  reconsider  was  lost,  by 
the  following  vote: 

Yeas — Messrs.  Alderson,  Alcorn,  Barry,  Bonncy,  Bridges, 
Conley,  Drane,  Jacobs,  Jamison,  Lawson,  Leas,  Moore,  Newsom, 
Railsback,  Richardson,  Stewart,  Stringer,  Stiles,  Williams,  and 
Woodmansee — 20. 

Nays — Messrs.  Ballard,  Beams,  Caldwell,  Chapman,  Clarke, 
Dowd,  Fitzhugh,  Gibbs,  Handy,  Hanser,  Johnson  S.,  Johnson 
A.,  Musgrove,  Morgan,  Mygatt,  McKee,  McKnight,  Niles, 
Ozanne,  Parsons  F.,  Peyton  E.  A.,  Powell,  Quinn,  Stites,  Sto- 
vall, Toy,  Weir,  and  Yecman — 28. 

The  ordinance  relating  to  Clay  county  was  taken  up  for  con- 
sideration ; 

And  Mr.  Niles  offered  the  following  as  an  additional  section  : 
Sec.  2.  Be  it  further  ordained,  That   at  the   time  and 
places  of  holding  the  election  for  the  ratification  of  the  Constitu- 
tion framed  by  this  Convention,  the  qualified  electors  of  the 
counties  of  Attala  and  Holmes,  shall  be  allowed  to  vote  for  or 


698 


against  the  creation  of  the  county  of  Clay,  etc.  Those  in 
favor  of  creating  the  said  new  county  shall  have  written  or 
printed  on  their  ballots,  "  for  Clay  county,"  and  those  opposed 
to  creating  said  new  county,  "against  Clay  county;"  and  if  a 
a  majority  of  said  qualified  voters  shall  vote  "  against  Clay 
county,"  then  said  new  county  shall  not  be  created  as  provided 
by  ordinance  passed  hy  this  Convention,  April  6th,  1868.  But 
if  a  majority  of  said  electors  vote  in  favor  of  said  new  county 
of  Clay,  this  ordinance  shall  be  null  and  void,  and  the  ordi- 
nance creating  the  said  new  county  of  Cla}r,  passed  April  6th, 
1868,  shall  be  in  full  force  and  effect. 

Sec.  3.  Be  it  further  ordained,  That  it  shall  be  the  duty 
of  the  managers  of  said  election,  in  each  of  said  counties  of 
Atiala  and  Holmes,  to  make  triplicate  returns  of  the  number 
of  votes  cast  for  and  against  the  said  new  county  of  Clay; 
one  copy  of  said  returns  to  be  deposited  in  the  office  of  the 
Probate  Clerk,  and  another  copy  to  be  forwarded  to  the  Com- 
mittee of  Five,  on  Election,  and  another  to  the  General  Com- 
manding Fourth  Military  District. 

Which  was  adopted. 

Under  a  suspension  of  the  rules,  the  ordinance  was  put  upon 
its  third  reading,  and  reads  as  follows : 

AN  ORDINANCE  RESCINDING  AND  ANNULLING  SO  MUCH  OP  AN  ORDI- 
NANCE PASSED  ON  THE  SIXTH  DAY  OF  APRIL,  1868,  ENTITLED,  "AN 
ORDINANCE  CREATING  CERTAIN  NEW  COUNTIES,  AND  FOR  OTHER 
PURPOSES,"  AS  RELATES  TO  THE  CREATION  OF  THE  COUNTY  OF  CLAY, 
AND.  MAKES  DURANT  THE  SEAT  OF  JUSTICE  OF  SAID  CLAY  COUNTY. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of 
Mississippi,  in  Convention  assembled,  That  so  much  of  said 
above  recited  ordinance,  passed  on  the  6th  day  of  April,  1868, 
as  creates  the  county  of  Clay,  and  makes  Durant  the  seat  of 
justice  of  said  Clay  county,  including  the  5th  and  6th  sections, 
is  hereby  rescinded  and  annulled. 

Sec.  2.  Be  it  further  ordained,  That  at  the  time  and  places 
of  holding  the  election  for  the  ratification  of  the  Constitution 
framed  by  this  Convention,  the  qualified  electors  of  the  coun- 
ties of  Attala  and  Holmes  shall  be  allowed  to  vote  for  or 
against  the  creation  of  the  county  of  Clay,  etc.  Those  in  favor 
of  creating  said  new  county,  shall  have  written  or  printed  on 
their  ballots,  "  For  Clay  county,"  and  those  opposed  to  creating 
said  new  county,  "Against  Clay  county;  "  and  if  a  majority  of 
said  qualified  electors  shall  vote  against  Clay  county,  then  said 
new  county  shall  not  be  created  as  provided  for  by  ordinance 
passed  April  6th,  1868;  but  if  a  majority  of  said  electors  vote 
in  favor  of  said  new  county  of  Clay,  this  ordinance  shall  be 
null  and  void,  and  the  ordinance  creating  the  said  new  county 
of  Clay,  passed  April  6th,  1868,  shall  be  in  full  force  and  effect. 

Be  it  further  ordained,  That  it  shall  be  the  duty  of  the 
managers  of  said  election,  in:  each  of  said  counties  of  Attala 
and  Holmes,  to  make  triplicate  returns,  in  detail,  of  the  num- 


699 


ber  of  the  votes  cast  for  and  against  said  new  county  of  Clay; 
one  copy  of  said  returns  to  be  deposited  in  the  office  of  the 
Probate  Clerk  of  their  respective  counties,  and  another  cop}'  to 
be  forwarded  to  the  Committee  of  Five  on  Election  ;  and  an- 
other to  the  General  Commanding  the  Fourth  Military  District. 

On  motion,  the  Ordinance  was  referred  to  the  committee  on 
Enrollment. 

Mr.  Barry  offered  the  following : 

Resolved,  That  General  Orders  No.  42.  dated  "  Office  of  Civil 
Affairs,  Headquarters  Fourth  Military  District,  Holly  Springs, 
Mississippi,  December  16th,  1867,  convening  this  Convention ; 
also,  an  Ordinance  providing  for  the  protection  of  electors, 
passed  by  the  Mississippi  Constitutional  Convention,  March 
13th,  1868,  and  the  Ordinance  regulating  the  election  for  ratifi- 
cation of  the  Constitution,  and  for  State  officers  and  members 
of  Congress,  be  embodied  in  the  pamphlet  containing  the  Con- 
stitution. 

Which  was  adopted. 

Mr.  Dowd  offered  the  following  ordinance: 

Be  it  ordained  by  the  people  of  the  State  of  3Iississippi.  in 
Convention  assembled,  That  a  new  county  shall  be  and  is  here- 
by created,  with  the  following  lines  and  boundaries,  to-wit: 
Beginning  at  the  northwest  corner  of  township  23,  range  3  east, 
and  running  thence  east  with  the  township  line  between  town- 
ships 23  and  24,  to  the  northeast  corner  of  township  23,  range  7 
east;  thence  south  with  the  range  line  between  ranges  7  and  8, 
to  the  southeast  corner  of  township  31,  range  7;  thence  west 
with  the  township  line  to  the  southwest  corner  of  township  21, 
range  3,  and  thence  north  with  the  range  line  between  ranges  2 
and  3,  to  the  place  or  point  of  beginning.  The  area  of  said 
county  being  five  hundred  and  forty  square  miles,  be  the  same 
more* or  less;  and 

Be  it  further  ordained,  That  the  name  of  said  new  county 
shall  be  Sherman  county,  and  that  the  location  of  the  county 
site  shall  be  at  the  town  of  Grenada. 

Be  it  further  ordained,  That  a  new  county,  to  be  called 
Culpepper  county,  be,  and  the  same  is  hereby  established, 
with  the  following  boundaries,  viz:  Beginning  at  the  north- 
east corner  of  township  eight  of  range  nine,  and  running 
thence  south  with  the  range  line  to  the  southeast  comer  of 
section  thirteen  of  township  five,  of  range  nine,  and  running 
thence  west  with  the  section  line  between  sections  thirteen 
and  twenty-four,  to  the  southwest  comer  of  section  eighteen,  of 
township  five,  of  range  six;  thence  north  with  the  range  line 
to  the  northwest  corner  of  township  eight,  of  range  six;  thence 
east  to  the  township  line  to  the  point  of  beginning.  The  same- 
same  containing  six  hundred  and  twenty  square  miles,  be  the 
same,  more  or  less. 

And  be  it  further  ordained,  That  the  county  site  of  said 
Culpepper  county  shall  be  located  in  the  town  of  Brookhaven, 
in  said  county. 

Which  was  laid  on  the  table. 

Mr.  Clarke  offered  the  following : 


700 


Resolved,  That  all  fines  heretofore  imposed  and  entered  up 
against  any  member  of  this  Convention  now  in  attendance 
upon  the  same,  for  failing  to  vote,  or  for  other  dereliction  of 
duty,  be,  and  the  same  are  hereby  set  aside,  and  that  wherever 
such  fine  has  been  deducted  from  the  per  diem  of  or  other 
amount  due  any  member,  the  Auditor  of  this  Convention 
shall  grant  the  proper  vouchers  for  the  amount  so  deducted  to 
the  proper  party  to  whom  the  same  shall  be  due. 

Mr.  Morgan  moved  to  table; 

Which  was  lost. 

.Mr.  Clarke  moved  the  previous  question, 

Which  was  sustained; 

And  the  resolution  was  adopted. 

Mr.  Ozanne  offered  the  following  resolutions: 

Whereas,  It  is  impossible  for  the  Secretary  to  complete  his 
work  with  the  adjournment  of  this  Convention;  and 

Whereas,  His  presence  will  be  required  to  close  and  wind, 
up  the  business  of  this  Convention;  therefore,  be  it 

Resolved,  That  the  Secretary  be  allowed  thirty  days  to  close 
up  said  business. 

Which  was  adopted. 

Resolved,  That  the  Record  Clerk  employed  by  this  Conven- 
tion, be  retained  and  allowed  twenty-five  days  to  close  up  his 
work. 

Be  it  f  urther  resolved,  That  the  Secretary  be  allowed  one 
additional  clerk  for  ten  days,  to  assist  him  in  winding  up  his 
business. 

Which  was  adopted. 

Rssolved,  That  $200  00  be  appropriated  to  defray  the  inci- 
dental expenses  of  the  Committee  of  Five,  appointed  to  con- 
duct the  election. 

A  motion  to  table  was  lost.  ' 

Mr.  Hauser  moved  the  previous  question, 

Which  was  sustained; 

And  the  resolution  was  adopted. 

Mr.  McKee  moved  to  suspend  the  rules,  to  permit  the  intro- 
duction of  a  resolution. 

Mr.  Woodmansee  moved  to  table; 
Which  was  lost; 

And  the  motion  to  suspend  the  rules  was  carried. 
Mr.  Ozanne  introduced  the  following: 

Resolved,  That  when  this  Convention  adjourn,  it  will  be  to 
meet  this  evening  at  7^  o'clock,  to  hold  an  evening  session. 
Which  was  lost. 

Mr.  Miles  offered  the  following  ordinance : 

AN  ORDINANCE  FOR  THE  RELIEF  OF   CHARLES  M.  THOMAS,  TAX  COL- 
LECTOR OF  THE  CONVENTION  TAX  FOR  NOXUBEE  COUNYY. 

Be  it  ordained  by  the  people  of  the  Stale  of  Mississippi,  in 
Convention  assembled,  That  the  Auditor  of  Public  Accounts 
be  authorized  and  required  to  issue  a  warrant  on  the  Treasury 


701 


of  this  State,  for  a  sum  not  exceeding  three  hundred  and  fifty 
dollars,  in  favor  of  Charles  M.  Thomas,  Sheriff  and  Tax  Col- 
lector of  Noxubee  county,  to  cover  the  sums  improperly 
collected  by  him  in  his  county,  on  polls  and  gross  sales,  and 
refunded  under  the  ordinance  of  this  Convention,  authorizing 
the  collection  of  a  tax  to  defray  the  expenses  of  this  Conven- 
tion; Provided,  Said  Thomas  shall  first  file  with  the  Auditor  of 
Public  Accounts  of  this  State,  a  detailed  statement  of  the 
sums  so  improperly  collected;  the  persons  from  whom  col- 
lected, and  the  persons  to  whom  refunded,  verified  by  an 
affidavit  made  before  some  officer  legally  authorized  to  admin- 
ister an  oath,  that  said  statement  is  true  and  correct,  as  there- 
in stated;  And  provided  further,  That  no  such  warrant  shall 
issue  before  said  Thomas  shall  have  accounted  for  the  sums  so 
collected  in  his  settlement  with  the  Auditor  and  Treasurer  of 
this  State. 

And  the  ordinance  passed  its  first  reading; 
And  under  a  suspension  of  the  rules,  the  ordinance  passad 
its  second  and  third  readings,  and  reads  as  above. 

Mr.  Mies  moved  to  refer  to  the  committee  on  Enrollment; 
Which  was  carried. 

Mr.  Fitzhugh  offered  the  following  resolution : 

Resolved,  That  the  Official  Printer  of  the  Convention  be  or- 
dered to  print  1,000  extra  copies  of  the  Constitution,  bound 
neatly  in  paper  covers,  for  the  individual  use  of  members  of 
this  Convention,  and  for  transmission  to  members  of  Congress. 

Which  was  laid  on  the  table. 

Mr.  Ozanne  offered  the  following  ordinance: 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Mis- 
sissippi, in  Convention  assembled,  That  the  Journal  of  the  Con- 
vention be  printed  in  single  column,  fifty-five  lines  in  length, 
and  thirty- six  ems  wide. 

Sec.  2.  Be  it  further  ordained,  That  all  ordinances  or  parts 
of  ordinances  conflicting  herewith  be,  and  the  same  are  hereby 
repealed. 

Sec.  3.  Be  it  further  ordained,  That  the  Constitution  be 
printed  in  single  column. 

Mr.  Weir  moved  to  postpone  further  consideration  until  to- 
morrow. 

Mr.  Ozanne  moved  to  table, 

Which  was  lost; 

And  the  motion  to  postpone  was  lost. 
Mr.  Ozanne  moved  the  previous  question, 
Which  was  sustained; 

And  the  ordinance  passed  its  first  reading,  by  the  following 

vote : 

Yeas— Messrs.  Alderson,  Alcorn,  Barry,  Bonney,  Bridges, 
Caldwell,  Chapman,  Chappell,  Drane,  Fitzhugh,  Gibbs,  Handy, 
Hauser,  Herbert,  Jacobs,  Johnson  A.,  Lawson,  Leas,  Leonard. 
Mayson,  Moore,  Morgan,  Mygatt,  Myers,  Newsom,  Ozanne, 
Parsons  F.,  Parsons  J.  R.,  Peyton  E.  A.,  Powell,  Quinn,  Rails- 
back,  Stewart,  Stringer,  Woodmansee,  and  Yeoman — 36. 


702 


Nays — Messrs.  Ballard,  Beam,  Conley,  Dowel,  Johnson  S., 
Musgrove,  McKee,  Stovall,  Stiles,  and  Weir — 10. 
And  reads  as  above. 

Mr.  Stringer  offered  the  following  ordinance: 

Whereas,  The  Congress  of  the  United  States  have  declared, 
by  Acts  passed  March  2,  1867,  and  the  Acts  supplementary 
thereto,  and  known  as  the  Reconstruction  Acts  of  Congress, 
that  until  the  provisions  of  said  Acts  shall  have  been  fully 
complied  with,  and  the  Constitution  framed  and  adopted  by 
this  Constitution  shall  have  been  approved  by  the  Congress  of 
the  United  States,  any  government  that  may  exist  in  tne  State 
of  Mississippi  is  deemed  and  declared  to  be  provisional — only 
subject  to  the  paramount  authority  of  the  United  States,  to 
abolish,  modify,  control,  or  supersede  the  same;  therefore, 

Be  it  ordained,  That  all  persons  hereafter  elected  or  ap- 
pointed to  any  office  in  this  State  until  such  time  as  Senators 
and  Representatives  shall  have  been  admitted  therefrom  to  the 
Congress  of  the  United  States,  shall  be  held  as  exercising  and 
holding  office  under  the  laws  of  the  United  States,  and  shall,  "be- 
fore entering  upon  the  discharge  of  the  duties  of  any  office  to 
which  they  may  have  been  elected  or  appointed,  take  and  sub- 
scribe the  oath  of  office  provided  for  officers  of  the  United 
States,  bcy  Act  of  Congress  passed  July  2,  1867,  and  entitled 
'An  Act  to  provide  an  oath  of  office." 

A  motion  to  adjourn  was  lost. 

Mr.  Morgan  moved  to  suspend  the  rules,  and  put  the  ordi- 
nance on  its  first  reading. 

Mr.  F.  Parsons  m*oved  to  lay  on  the  table  the  motion  to  sus- 
pend the  rules; 

Which  was  carried. 

Mr.  Herbert  offered  the  following  resolution : 

Whereas,  Thomas  Swann,  Auditor  of  Public  Accounts,  and 
John  Echols,  Treasurer  of  the  State,  did,  on  or  about  the  first 
day  of  March,  A.  D.  1868,  respectfully  enter  upon  the  discharge 
of  the  duties  assigned  them  by  an  ordinance  of  this  Conven- 
tion, adopted  on  the  27th  day  of  February,  1868  ;  and 

Whereas,  said  duties  so  assigned  imposed  extra  official  and 
onerous  labors  upon  them  ;  and 

Whereas,  the  same  have,  thus  far,  been  faithfully  performed, 
and  have  not  yet  been  entirely  disposed  of,  but  will  be  on  hand 
for  some  time  to  come;  therefore,  be  it 

Resolved,  That  the  said  Auditor  and  the  said  Treasurer, 
respectively,  be  allowed  the  sum  of  one  thousand  dollars  each, 
for  such  services,  as  well  those  to  be  performed  in  the  future 
as  those  done  in  the  past;  to  be  paid  to  them,  respectively,  out 
of  any  money  in  the  Treasury  already  raised,  or  hereafter  to  be 
raised  by  virtue  of  the  aforesaid  ordinance,  not  otherwise  ap- 
propriated; and  that  the  Auditor  of  Public  Accounts,  acting 
for  this  Convention,  be,  and  is  hereby  authorized  to  draw  his 
warrant  on  the  Treasury  aforesaid,  also  acting  for  this  Con- 
vention, in  favor  of  said  John  Echols,  for  the  said  sum  of  one 
thousand  dollars,  and  another  warrant  in  favor  of  him,  the  said 


Thomas  Swann.  for  a  like  sum  of  one  thousand  dollars ;  and  in 
case  this  Convention  does  not  again  convene  before  the  meet- 
ing of  the  first  Legislature,  the  said  Auditor  and  the  sai  l 
Treasurer  shall  make  a  full  and  fair  report  to  that  body,  of  all 
the  business  matters  and  things  transacted  by  them  respect- 
ively, for  and  on  account  of  this  Convention;  and  if,  in  the 
opinion  of  that  Legislature,  the  officers  aforesaid,  or  either  of 
them,  shall  not,  at  that  time,  have  received  a  sufficient  compen- 
sation for  such  services  then  performed,  it  shall  be  its  duty  to 
make  to  them  such  further  allowance  as  shall  be  equitab> 
and  just  in  the  premises. 

Mr.  Musgrove  moved  to  amend  by  striking  out  1.000" 
wherever  it  occurs,  and  inserting  i;500." 

Mr.  Newsom  moved  to  lay  the  amendment  on  the  table; 

Which  was  lost. 

Mr.  Morgan  offered  the  following  amendment  to  the  amend- 
ment : 

That  Governor  Humphreys,  and  all  other  State  provisional 
officers,  be  allowed  the  same  compensation  as  is  herein  provided 
for  Auditor  and  Treasurer. 

Previous  question  called,  call  sustained. 

And  the  amendment  to  the  amendment  was  lost; 

And  the  amendment  was  adopted. 

And  the  resolution  as  amended  was  adopted,  by  the  follow- 
ing vote: 

Yeas — Messrs.  Aiderson.  Alcorn.  Ballard.  Beam,  Bonney. 
Bridges,  Brinson,  Caldwell.  Chappeli,  Clarke,  Combash,  Con- 
ley,  fiowd,  Drane,  Hauser,  Herbert,  Jacobs,  Jamison,  Johnson 
ST.  Leas.  Mayson.  Musgrove.  Moore.  Myers.  Mygatt,  MeKee, 
MeKnight,  Newsom.  Niles,  Peyton  E.  A.,  Powell,  Railsbaek. 
Stewart,  Stringer,  Stiles.  Weir,  and  Woodniansee — 37. 

Nats — Messrs.  Fitzhugh.  Gibbs,  Handy,  Johnson  A.,  Law- 
son.    Morgan.  Ozanne.  Stovali.  and  Yeoman — 9. 

Mr.  Bridges  moved  to  adjourn: 

Which  was  carried. 

The  Convention  adjourned  to  meet  to-morrow  morning  at  9 
o'clock. 

T.  P.  Sears. 
Secretary. 


ONE  HUNDRED  AND  THIRTEENTH  DAY. 

Jackson.  Miss.,  Saturday,  May  16th,  186S. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answere  1 
to  their  names : 


704 


•  'Mr.  President,  Messrs.  Alderson,  Alcorn,  Bonney,  Brinson, 
Caldwell,  Chapman,  Chappell,:  Clarke,  Combash,  Conley,  Cun- 
ningham, Dowd,  Drane,  Fawn,  Fitzhugh,  Handy,  Hauser, 
Jacobs,  Jamison,  Johnson  S.,  Johnson  A.,  Lawson,  Mayson, 
Musgrove,  Moore,  Morgan,  Myers,  Mygatt,  McKee,  McKniglit, 
Newsom,  Niles,  Nesbitt,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R,, 
Peyton  E.  A.,  Powell,  Quinn,  Railsback,  Richardson,  Stewart, 
Stiles,  Toy,  and  Woodmansee — 47. 
The  following  delegates  were  absent: 

Messrs.  Barry,  Beam,  Bridges,  Castello,  Collins,  Elliott  John, 
Elliott  James,  Field,  Gibbs,  Herbert,  Holland,  Howe,  Hutto, 
Jones,  Kerr,  Lack,  Leas,  Leonard,  Mask,  Miles,  Neilson, 
Neims,  Peyton  E.  G.,  Rainey,  Smith,  Walker,  Warren,  Weir, 
Williams,  and  Yeoman — 30. 

Upon  motion,  the  reading  of  the  Journal  was  dispensed  with. 

Leaves  of  absence  were  granted,  Mr.  Weir,  from  day  to  day ; 
to  Mr.  Yeoman,  from  day  to  day ;  to  Mr.  Warren,  from  day  to 
day;  to  the  Chaplain,  from  clay  to  day;  to  Mr.  Bridges,  from 
day  to  clay;  to  Mr.  Leas,  from  day  to  day;  to  the  Secretary, 
from  day  to  day. 

The  committee  on  Contingent  Expenses  made  'the  following 
report : 

Mr.  President:  The  committee  on  Contingent  Expenses,  to 
whom  was  referred  the  annexed  bills,  would  respectfully  report 
in  favor  of  their  adoption,  as  your  committee  believe  they  are 
just  and  correct. 

Respectfully, 

U.  Ozanne,  Chairman, 
Jehiel  Rails  back, 
S.  C.  Conley, 
John  C.  Brinson, 

Committee. 

Report  received,  and  under  a  suspension  of  the  rules,  was 
adopted,  and  warrants  ordered  to  be  drawn  in  payment  thereof. 

Jackson,  Miss.,  May  16,  1868. 

Miss  iss  ippi  Const  itu  Hon  a  I  Con  ven  tion, 

To  the  Journal  Office,  Dr. 

To  3,080  papers  furnished  @  5  cts.  per  copy.  ...  ....  .$154  00 

I  certify  that  the  above  account  is  correct. 

Nelson  G.  Gill, 

Sergeant- at- Arms, 

State  of  Mississippi, 

To  Nelson  G.  Gill,  Dr. 

To  160  copies  Memphis  Bulletin  @  5  cts.  per  copy.  ....  .$8  00 

I  certify  that  the  above  account  is  correct,  and  that  the 
papers  were  received  and  distributed  among  the  members  of 
the  Convention, 

Nelson  G.  Gill, 

Sergean  t-at-A  rms. 


705 


Mr.  Orr,  chairman  of  the  committee  appointed  to  confer  with 
the  General  Commanding,  submitted  the  following  communi- 
cation : 

Headquarters  Fourth  Military  District,) 
(Mississippi  and  Arkansas),  V 
Vicksburg,  Miss.,  Ma}T  15th,  1868.) 

Hon.  B.  B.  Eggleston,  President  Constitutional  Convention. 
Jackson,  Miss.: 

Sir — I  am  directed  by  the  Major  General  Commanding  to 
acknowledge  the  reception,  at  the  hands  of  Hon.  B.  H.  Orr,  s 
resolution  of  the  Constitutional  Convention  relating  to  the 
collection  of  tax  on  railroads,  and  in  reply,  to  state  that  the 
only  authorUy  for  the  collection  of  the  tax  alluded  to  is  con- 
tained in  the  second  section  of  the  Tax  Ordinance  passed  Feb. 
27th,  1868,  which  provides  "  that  a  special  tax  of  one-half  of 
one  per  cent,  be  and  the  same  is  hereby  levied  upon  the  value 
of  the  stock  now  on  hand  in  each  diy  goods,  grocery,  drug, 
and  provision  store,  and  stocks  of  goods,  merchandise,  and 
all  other  movables,  or  personal  property  of  every  kind  and 
nature,  not  herein  provided  for." 

Soon  after  the  order  directing  the  collection  of  the  tax  levied 
in  the  above  named  ordinance  was  promulgated,  a  communica- 
tion was  received  from  the  President  of  the  Vicksburg  and 
Meridian  Railroad,  stating  that  under  section  15  of  the  Act  of 
Feb.  27th,  1854,  "  that  all  the  propert}-,  fixtures,  and  rolling 
stock  of  the  roads  then  chartered,  and  thereafter  to  be  char- 
tered, were  exempt  from  taxation  for  the  period  of  twenty 
years." 

This  communication  was  referred  to  Col.  Gooclfellow,  Judge 
Advocate  on  the  StafTaof  the  Major  General  Commanding,  who 
reported  that  upon  examination,  he  found  the  law  to  be  as 
quoted  by  the  President  of  the  Vicksburg  and  Meridian  Rail- 
road, and  that  the  High  Court  of  Errors  and  Appeals  had 
decided  in  the  case  of  the  city  of  Jackson  vs.  Southern  Rail- 
road, that  neither  the  State  nor  city  authorities  possessed 
the  right  to  tax  railroad  property,  and  that  regarding  the 
authorit}^  granted  by  Congress  to  the  Convention  for  the  pur- 
pose of  taxation,  as  not  more  extensive  than  the  powers  of  the 
Legislature  of  the  State  in  relation  to  taxation,  that  he  con- 
sidered "  the  property  of  the  railroads  exempt  from  taxation 
under  the  Tax  Ordinance  of  the  Convention." 

Col.  Goodfellow's  report  was  forwarded  to  the  State  Audi- 
tor, who  was  likewise  directed  to  procure  the  opinion  of  the 
Attorney  General  of  the  State  on  the  same  subject.  This 
opinion  was  given  at  length,  and  concludes  as  follows : 

"  I  am  therefore  of  the  opinion  that  the  exemption  from  tax- 
ation of  all  railroad  property,  for  a  given  period  of  years,  is  a 
vested  and  chartered  right,  which  is  not  interfered  with  by 
subsequent  repeal,  and  such  must  have  been  the  views  taken 
C-45 


706 


by  the  High  Court  of  Errors  and  Appeals  in  the  case  above 
referred  to,  and  that  it  applies  to  all  railroad  charters  granted 
by  the  State  of  Mississippi  prior  to  1857." 

After  receiving  and  maturely  considering  the  opinions  given 
by  the  Judge  Advocate  on  his  Staff,  and  of  the  Attorney  Gen- 
eral of  the  State,  as  well  as  those  of  other  able  lawyers,  the 
General  Commanding  directed  the  State  Auditor  to  be  informed 
that  it  was  not  his  belief,  that  under  existing  laws,  and  con- 
sidering their  chartered  rights,  that  the  railroads  in  this  State 
chartered  prior  to  1857,  were  liable  to  the  tax  levied  by  the 
Convention. 

The  General  Commanding  does  not  believe  that  section  8  of 
the  Act  of  March  22cl,  1867,  directing  the  Convention  to 
"provide  for  levying  and  collecting  a  tax  to  defray  its  expen- 
ses,"" authorizes  the  levying  and  collection  of  a  tax  upon 
property  exempt  from  taxation,  by  charter,  from  the  State.  In 
fact  the  Act  limits,  instead  of  extending  the  right  of  taxation, 
by  providing  that  the  tax  levied  shall  be  on  the  property  in 
such  State,  thereby  excluding  taxation  on  polls,  professions, 
franchises,  etc. 

•  It  is  believed  by  the  General  Commanding  that  the  intention 
of  the  section  above  quoted  was  to  direct  that  the  tax  should 
be  levied  and  collected  in  the  same  manner  and  under  the  same 
regulations  as  govern  the  collection  of  other  taxes  in  the  State. 

It  should  also  be  borne  in  mind  that  chartered  privileges 
have  the  same  force  as  contracts  between  individuals,  and  that 
when  a  charter  is  granted,  accepted,  and  its  conditions  fulfilled 
by  a  company  that  it  is  vested  with  all  the  obligations  of  a 
contract. 

Exemption  from  taxation  was  one  of  the  privileges  granted 
by  the  Legislature  of  Mississippi,  February  27th,  1854,  to  all 
railroads  in  the  State.  It  is  not  claimed  that  these  chartered 
lights  have  been  forfeited,  and  therefore  have  all  the  force  of 
any  other  contract ;  and  attention  is  called  to  the  fact  that  the 
Constitution  of  the  United  States  forbids  the  enacting  of  any 
ex  post  facto,  law  or  any  law  impairing  the  obligations  of  con- 
tracts 

The  Hon.  Mr.  Orr  informs  me  that  it  was  expected  that  about 
fifty  thousand  dollars  revenue  would  be  derived  from  railroads 
in  the  State  under  the  tax  ordinance.  The  General  Command- 
ing cannot  believe  that  it  was  the  intention  of  the  Convention 
that  one-fourth  of  their  estimated  expenses  should  be  derived 
from  this  source  alone.  Mr.  Orr  also  informs  me  that  the 
Convention  does  not  recognize  any  State  laws  or  chartered 
rights  granted  by  the  State  of  Mississippi  wherein  real  or 
movable  property  is  exempted  from  taxation.  The  General 
Commanding  conceives  there  must  be  some  misunderstanding  in 
this  respect,  as  by  such  a  construction  of  the  tax  ordinance, 
churehes,  cemeteries,  and  school-houses,  chartered  by  the  State, 
would  be  liable  to  taxation. 

The  General  Commanding  regrets  that  his  convictions  prevent 
his  compliance  with  the  wish  of  the  Convention  that  he  should 


707 


enforce  the  collection  of  the  tax  levied  upon  railroads,  and 
desires  to  assure  your  honorable  body  that  he  will  enforce  the 
collection  of  any  tax  which  may  be  levied  in  compliance  with 
Acts  of  Congress,  known  as  the  Reconstruction  Acts,  section  8; 
and  he  further  desires  to  inform  you  that  those  Sheriff's  who 
have  failed  to  collect  the  tax  heretofore  levied,  will  be  directed 
to  at  once  proceed  to  the  collection  of  the  same. 
I  am.  sir.  very  respectfully. 

Your  obedient  servant, 

John  Tyler, 

1st  Lieut.  43cZ  Inf.,  Brevet  Major  U.  S.  A.,  A.  A.  A.  G. 
Report  received. 

Mr.  Hauser  moved  to  suspend  the  rules  to  enable  him  to 
introduce  the  following  ordinance; 
Which  was  carried: 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of 
Mississippi,  in  Convention  assembled,  That  the  warrants  issued 
by  authority  of  this  Convention  shall  be  received  by  the  Tax 
Collectors  of  the  several  counties  and  the  Auditor  and  Treas- 
urer of  this  State  in  payment  of  all  dues  to  the  State,  as  well 
as  in  payment  of  the  Convention  tax,  and  that  the  Legislature, 
at  its  first  regular  session,  shall  provide  for  the  payment  of  all 
outstanding  warrants  of  this  Convention,  if  an}-  there  should  be. 

Sec.  2.  Be  it  further  ordained,  That  the  Legislature  at  its 
first  regular  session,  shall  have  power  to  enforce  the  collection 
of  all  taxes  levied  by  this  Convention  remaining  unpaid. 

And  the  ordinance  passed  its  first  reading. 

Mr.  Hauser  moved  to  suspend  the  rules  to  put  the  ordinance 
on  its  second  reading; 

Which  was  carried. 

Mr.  Orr  moved  to  indefinitely  postpone. 
Mr.  Fitzhugh  moved  to  table; 
Which  was  lost, 

Mr.  Parsons,  of  Adams,  moved  the  previous  question. 
Which  was  sustained; 

And  the  motion  of  Mr.  Orr  was  carried,  by  the  following 
vote : 

Yeas — Messrs.  Alderson,  Ballard.  Bonney,  Brinson,  Chap- 
man, Dowd,  Fitzhugh,  Lawson,  Mayson,  Musgrove,  Myers. 
Mygatt,  McKnight,  Nesbitt,  Niles,  Orr,  Railsback,  Richardson, 
Stites,  Stovall,  and  Woodmansee — 21. 

Nats — Messrs.  Alcorn,  Caldwell,  Clarke,  Conley,  Cunning- 
ham, Drane,  Hand}r,  Hauser,  Jacobs,  Johnson  S.,  Johnson  A., 
Morgan,  McKee,  Newsom,  Parsons  F.,  Parsons  J.  R.,  Powell, 
Stewart,  Stiles,  and  Toy — 20. 

Mr.  F.  Parsons  moved  that  the  Convention  now  adjourn, 
subject  to  the  call  of  the  Committee  of  Five; 

Which  was  lost,  by  the  following  vote : 

Yeas — Messrs.  Ballard,  Conley,  Cunningham.  Dowd,  Handy, 
Jacobs,  Johnson  A.,  Johnson  S.,  Musgrove,  McKee,  Nesbitt, 
Parsons  F.,  Parsons  J.  R.,  and  Railsback — 14. 

Nays — Messrs.  Alderson,  Alcorn,  Bonney,  Brinson,  Caldwell, 


708 


Chapman,  Clarke,  Drane,  Fitzhugh,  Hauser,  Lawson,  Mayson, 
Moore,  Morgan,  Myers,  Mygatt,  Newsom,  Mies,  Orr,  Ozanne, 
Powell,  Quinn,  Richardson,  Stewart,  Stiles,  Stovall,  Stringer. 
Stites,  Toy,  and  Woodmansee — 31. 

Mr.  Clarke  moved  to  suspend  the  rules  to  permit  him  to  in- 
troduce a  resolution; 

Which  was  carried : 

Resolved,  That  the  President  of  this  Convention  be  directed 
to  forward  to  the  Commanding  General,  a  copy  of  the  election 
ordinance  passed  by  the  Convention,  and  request  him  to  issue 
his  order  enforcing  its  provisions. 

Mr.  Parsons,  of  Adams,  offered  the  following  as  an  amend- 
ment: 

Resolved,  That  the  President  of  this  Convention  be  in- 
structed to  furnish  Gen.  A.  C.  Gillem,  Commander  of  the 
Fourth  Military  District,  with  an  official  copy  of  the  Constitu- 
tion and  ordinance  of  election,  and  that  the  Commanding 
General  be  requested  to  issue  his  order  inforcing  said  ordi- 
nance, and  directing  his  Registrars  to  receive  and  count  the 
ballots,  and  make  returns  for  the  several  officers  theirin  direct- 
ed to  be  elected,  at  the  same  time,  and  in  the  same  manner,  as 
the  election  for  the  Constitution. 

Mr.  Ozanne  moved  to  table ; 

Which  was  carried. 

Mr.  Parsons,  of  Adams,  moved  to  table  the  resolution ; 
Which  was  lost. 

And  the  resolution  of  Mr.  Clarke  was  adopted. 
Mr.  Stovall  ofTered  the  following : 

Resolved,  That  this  Convention  adjourn  on  Monday  the  18tii 
inst.,  at  12  o'clock,  m.,  subject  to  the  call  of  the  Committee  of 
Five. 

Mr.  F.  Parsons  moved  to  table; 
Which  was  lost. 

Previous  question  moved  by  Mr.  Ozanne,  and  sustained; 

And  the  resolution  offered  by  Mr.  Stovall  was  adopted. 

Mr.  Newsom  moved  to  suspend  the  rules,  that  the  Commit- 
tee on  Enrollment  may  make  a  report,  and  that  Mr.  Lawson 
and  Mr.  Ozanne,  each,  be  permitted  to  introduce  an  ordinance; 

Which  was  carried. 

The  committee  on  Enrollment  made  the  following  report : 
Mr.  President  and  Gentlemen  of  the  Convention: 

Your  committe  on  Enrollment  beg  leave  to  report  that  they 
have  examined  an  ordinance  relating  to  the  county  of  Clay, 
and  find  the  same  correctly  enrolled. 

Respectfully, 

A.  T.  Morgan, 
M.  T.  Newsom, 

Of  Committee. 

Mr.  Lawson  offered  the  following: 

AN  ORDINANCE  TO  CREATE  THE  COUNTY  OF.  GRANT. 

Section  1.  Re  it  ordained  by  the  people  of  the  State  of  Missis- 


709 


sippi,  in  Convention-  assembled,  That  a  new  county  shall  be 
created  in  this  State,  out  of  the  counties  of  Franklin,  Copiah, 
Amite,  and  Pike,  bounded  and  described  as  follows,  to-wit: 
Beginning  at  the  northeast  corner  of  township  eight,  of  range 
nine,  and  running  thence  south,  with  the  range  line,  to  the 
southeast  corner  of  section  thirteen,  of  township  five,  of  range 
nine,  and  running  thence  west,  with  the  section  line,  between 
saction  thirteen,  and  section  twenty-four,  to  the  southwest 
corner  of  section  eighteen,  of  township  five,  of  range  six; 
thence  north,  with  the  range  line,  to  the  northwest  corner  of 
township  eight,  of  range  six:  thence  east  to  the  township  line 
to  the  point  of  beginning.  The  same  containing  six  hundred 
and  twenty  square  miles,  be  the  same  more  or  less. 

Sec.  2.  Be  it  further  ordained,  That  the  county  site  of  said 
Grant  county,  shall  be  located  in  the  town  of  Brookhaven,  in 
said  county. 

Sec.  3.  Be  it  further  ordained,  That  at  the  election  to  be 
held  for  the  ratification  or  rejection  of  this  Constitution,  the 
qualified  electors  of  the  territory  embraced  in  said  new  county 
of  Grant,  created  by  this  ordinance,  shall  be  permitted  to  vote 
for  or  against  said  new  county  of  Grant  ;  and  if  a  majority  of 
the  votes  cast  be  for  said  new  count}',  then  the  same  shall  be 
taken  and  held  to  be  one  of  the  counties  of  this  State,  and  en- 
titled to  all  the  rights  and  privileges  of  any  other  count}'  in 
this  State,  except  in  so  far  as  such  rights  and  privileges  may 
be  abridged  or  qualified  by  the  other  provisions  of  the  Consti- 
tution of  this  State. 

Sec.  4.  Be  it  further  ordained.  That  the  said  election  shall 
be  conducted  by  the  same  commissioners  that  are  to  be  ap- 
pointed by  the  Committee  of  Five,  and  regulated  by  the  same 
rules  as  those  provided  for  the  ratification  of  the  Constitution 
A  this  State:  and  the  returns  of  said  election  shall  be  made 
and  certified  in  the  same  manner  as  those  for  or  against  the 
ratification  of  said  Constitution. 

Sec.  5.  Be  it  f  urther  ordained,  That  in  case  the  majority  of 
the  qualified  voters  of  the  district  embraced  in  the  proposed 
new  county,  voting  at  said  election,  shall  vote  in  favor  of  said 
new  county  of  Grant,  said  new  county  shall  be  entitled  to  be 
organized  as  such  from  and  after  the  first  day  of — ,  A.  D.  1868, 

Sec.  6.  Be  it  further  ordained,  That  this  ordinance  shall  be 
In  force  from  and  after  its  passage. 

Mr.  Stiles  moved  to  table; 

Which  was  carried. 

Mr.  Alderson  moved  to  reconsider  the  vote  last  had  yester- 
day, in  relation  to  compensation  to  the  State  Treasurer  and 
Auditor  of  Public  Accounts. 

Mr.  Clarke  moved  the  previous  question, 

Which  was  sustained: 

And  the  motion  to  reconsider  was  lost. 

Mr.  Woodmansee  moved  to  suspend  the  rules,  to  enable  him- 
self and  Mr.  Jacobs  to  introduce  resolutions. 
Mr,  F.  Parsons  moved  to  table;  which  was  lost. 


710 

Mr.  Ozanne  moved  to  suspend  the  rules,  that  he  might  intro- 
duce a  resolution; 

Which  was  laid  on  the  table. 

Mr.  Stiles  moved  the  previous  question, 

Which  was  sustained; 

And  the  motion  to  suspend  the  rules  was  carried. 
Mr.  Woodmansee  offered  the  following: 

Besolved,  That  the  Auditor  of  this  Convention  be  authorized 
to  issue  certificates  to  Monday,  18th  instant,  inclusive,  and  no 
certificate  shall  be  issued  after  that  date,  for  per  diem  of  mem- 
bers. 

Which  was  adopted. 
Mr.  F.  Parsons  moved  to  reconsider. 
Mr.  Ozanne  moved  to  table ; 
Which  was  carried. 

Mr.  Jacobs  offered  the  following: 

Whereas,  A  mistake  has  been  made  in  making  out  the  ac- 
count of  T.  Jones,  hall  porter,  in  which  he  has  received  pay 
from  February  1st,  instead  of  January  20th,  from  which  time 
he  is  entitled  to  pay;  therefore,  be  it 

Besolved,  That  the  Auditor  be  instructed  to  issue  a  certifi- 
cate for  the  time  for  which  he  has  received  no  pay. 

Mr.  F.  Parsons  moved  to  refer  to  committee  on  Contingent 
Expenses,  to  report  this  evening. 

The  previous  question  was  moved  and  sustained,  and  the 
motion  to  refer  was  carried. 

Mr.  Stiles  moved  to  reconsider  the  vote  fixing  adjournment 
at  12  o'clock,  Monday; 

Which  was  laid  on  the  table. 

Mr.  Ozanne  moved  to  place  the  ordinance  introduced  by 
him,  yesterday,  in  relation  to  the  manner  of  printing  the  Jour- 
nal upon  its  second  reading; 

Which  was  carried. 

The  previous  question  was  moved  and  sustained,  and  the  or- 
dinance passed  its  second  reading. 

Under  a  suspension  of  the  rules,  the  ordinance  passed  its 
third  reading,  and  reads  as  follows : 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Mis- 
sissippi, in  Convention  assembled,  That  the  Journal  of  this  Con- 
vention be  printed  in  single  column,  fifty-five  lines  in  length, 
and  thirty- six  ems  wide. 

Sec.  2.  Be  ir  further  ordained,  That  all  ordinances,  or  parts 
of  ordinances  conflicting  herewith,  be  and  the  same  sre  hereby 
repealed, 

Sec.  3.  Be  it  further  ordained,  That  the  Constitution  be 
printed  in  single  column. 

Upon  motion,  the  ordinance  was  referred  to  the  committee 
on  Enrollment. 

The  name  of  Charles  T.  Murphy  was  presented  by  Mr* 
MeKee,  with  the  request  that  it  be  added  to  the  list  to  be  sent 
to  Congress,  requesting  their  political  disabilities  to  be  removed. 


711 


Mr.  Fitzhugh  made  the  same  request,  in  regard  to  the  follow- 
ing named  genentlemen.  viz : 

William  Miller,  of  Wilkinson  county, 
James  Miller,  jr.,  of  Wilkinson  county. 

Pending  consideration  of  the  same,  the  Convention  adjourne  d 
to  meet  at  3  o'clock-,  p.  31. 

AFTERNOON  SESSION, 

The  Convention  met  pursuant  to  adjournment. 

Upon  the  roll  being  called,  the  following  delegates  r  nswered 
to  their  names: 

Mr.  President,  Messrs.  Alderson,  Alcorn.  Ballard,  Bonney. 
Brinson.  Chapman,  Clarke,  Combash.  Coniey.  Dowd,  Handy. 
Hauser.  Jacobs,  Johnson  S.,Lawson.  Mayson,  Musgrove.  Moore, 
Morgan,  Myers,  Mygatt,  McKee.  MeKnight.  Nesbitt.  Niles. 
Orr.  Ozanne,  Parsons  F.,  Parsons  J.  P..  Powell,  Quinn,  Rails- 
back.  Richardson,  Stewart,  Stites,  Stovall,  Stringer,  Stiles,  Toy. 
and  Woodmansee — 41. 

The  following  delegates  were  absent: 

Messrs.  Barry.  Beam,  Bridges,  Caldwell.  Castello,  Chappell. 
Collins,  Cunningham.  Drane,  Elliott  John.  Elliott  James.  Fawn. 
Field.  Fitzhugh,  Gibbs,  Herbert,  Holland,  Howe.  Hutto.  Jami- 
son, Johnson  A.,  Jones,  Kerr,  Lack.  Leas,  Leonard.  Mask.  Miles. 
Xeilsou.  Xelms,  Newsom,  Peyton  E.  A..  Peyton  E.  G.,  Rainey, 
Smith.  Walker.  Warren,  Weir,  Williams,  and  Yeoman — 40. 

Upon  motion,  the  vote  indefinitely  postponing  the  further 
consideration  of  the  ordinance  introduced  by  Mr.  Hauser.  this 
morning,  was  reconsidered,  and  the  ordinance  passed  its  second 
reading. 

Under  a  suspension  of  the  rules,  the  ordinance  passed  its 
third  reading,  and  was  referred  to  the  committee  on  Enroll- 
ment. 

Mr.  Clarke  moved  that  the  bond  of  the  Treasurer  of  thi- 
Convention  be  declared  canceled  and  returned  to  the  Treas- 
urer. Mr.  F.  Parsons ; 

Which  was  carried. 

Mr.  Clarke  moved  to  reconsider  the  vote  referring  the  ordi- 
nance in  relation  to  taxes,  to  committee  on  Enrollment, 
Mr.  Hauser  moved  to  table:  which  was  carried. 
Mr.  Ballard  offered  the  following: 

Resolved,  That  the  Auditor  of  Public  Accounts  be.  and  i> 
hereby  authorized  to  issue  warrants  this  day  for  the  per  diem 
of  members  of  this  Convention,  up  to  and  including  May  ISth. 
1868. 

Which  was  adopted. 

The  committee  on  Contingent  Expenses  made  the  following 
report : 

To  the  President  and  3Iembers  of  Constitutional  Convention: 
The  committee  on  Contingent  Expenses,  to  whom  was  re- 


-712 


ferred  the  annexed  bills,  would  respectfully  report  in  favor  of 
their  adoption,  as  your  committee  .  believe  they  are  just  and 
correct. 

U.  OZANNE, 

Chairman. 

Reports  received  and  adopted,  and  warrants  were  ordered  to 
be  drawn  in  payment  thereof. 

Mississippi  Constitutional  Convention, 

To  B.  H.  Orr,  Br. 

For  expenses  incurred  by  him  on  trip  to  Vicksburg, 
for  the  purpose  of  conferring  with  the  General 
Commanding  the  Fourth  Military  District,  in  ref- 
erence to  the  tax  imposed  upon  railroads   $15  00 

Vicksburg,  Miss.,  May  16th,  1868. 

Yelson  G.  Gill,  Sergeant- at- Arms,  Constitutional  Convention, 

To  H.  Shannon,  Dk. 

To  652  copies  Daily  Times,  during  month  of  April, 

1868,  five  cents  per  copy.   $32  60 

To  the  President  and  Members  of  the  Convention : 

The  committee  on  Contingent  Expenses,  to  whom  was  re- 
ferred the  claim  of  one  T.  Jones,  for  pay  lor  services  rendered 
between  the  20th  of  January,  and  the  1st  of  February,  would 
respectfully  report  that  said  claim  was  once  placed  before  your 
committee,  and  owing  to  the  fact  that  said  T.  Jones  could  not 
establish  beyond  doubt  that  his  services  were  engaged  prior  to 
the  1st  of  February,  and  the  Sergeant-at-Arms  having  repeat- 
edly refused  to  certify  to  his  claim,  compelled  your  committee 
to  report  against  said  claim,  but  would  recommend  the  claim- 
ant to  the  generosity  of  the  Convention. 

Respectfully, 

XL  OZANNE, 

Chairman. 

Report  received. 

Mr.  Stovall  offered  the  following : 

Resolved,  That  the  President  be  directed  to  appoint  two 
additional  members  of  the  standing  committee  on  Elections  for 
the  State  at  large,  one  of  whom  shall  be  a  resident  of  the  Sec- 
ond Congressional  District. 

Which  was  adopted. 

By  unanimous  consent,  the  following  names  were  added  to 
the  list  of  persons  recommended  to  Congress  for  the  removal 
of  their  political  disabilities : 

Chas.  T.  Murphy  Holmes  count}^. 

fm.  Miller  Wilkinson  county. 

James  Miller  .Wilkinson  count}^ 

Mr.  Clarke  offered  the  following: 


713 


Resolved.  That  Dr.  Dowd,  of  the  Committee  of  Five,  be 
direct ?d  to  proceed  to  Vicksburg  with  an  official  copy  of  the  tax 
ordinance  just  passed,  and  request  the  Commanding  General 
to  issue  an  order  enforcing  the  provisions  of  the  same. 

Mr.  Orr  moved  to  amend  as  follows: 

"That  the  President  telegraph  General  Gillem  and  ask  him 
if  he  will  approve  and  enforce  the  same;" 
Which  was  laid  on  the  table. 

The  following  bill  was  allowed,  and  warrant  ordered  to  be 
drawn  in  payment  thereof: 

Jackson,  Miss.,  May  16th,  186S. 
E.  Williams,  Bought  of  Martz  &  Co., 

January  7th,  1  bottle  ink  $  50 

January  7th,  stationery   1  37^ 

Total  $1  S7+ 

Received  payment. 

Martz  &  Co. 

Mr.  McKee  moved  that  an  official  copy  of  the  tax  ordinance 
passed  to-day  be  famished  General  Gillem  by  the  Secretary; 
Which  was  carried. 
Mr.  Hauser  moved  to  adjourn; 
Which  was  lost. 

Mr.  Orr  offered  the  following  preamble  and  resolution : 

Whereas,  •  Considering  that  large  amounts  of  money  have 
been  Lst  in  discounting  warrants  issued  by  this  Convention  to 
the  members  and  officers  thereof  by  reason  of  the  delay  of 
the  military  commander  to  issue  his  orders  for  the  enforce- 
ment of  the  Convention  tax,  and  on  other  grounds,  it  is  hereby 

Resolved,  That  the  amount  of  twenty  per  cent,  shall  be  added 
to  the  pay  of  all  delegates  and  officers  of  this  Convention,  and 
the  Convention  Auditor  be  ordered  to  issue  his  certificate  forth- 
with, in  compliance  with  this  resolution. 

Mr.  Parsons  moved  to  table  ; 

Which  was  carried,  by  the  following  vote : 

Yeas — Messrs.  Alderson,  Alcorn,  Ballard,  Brinson,  Clarke. 
Conley,  Dowd,  Hauser,  Jamison,  Johnson  S.,  Mayson,  Mus- 
grove,  McKee,  Nesbitt,  Niles,  Parsons  F.,  Powell,  Railsback. 
Richardson,  Stovall.  Stiles,  and  Woodmansee — 21. 

Nats — 3Xessrs.  Bonney,  Chapman,  Combash,  Handy,  Jacobs, 
Lawson,  Moore,  Morgan,  Myers,  McKnight,  Newsom,  Orr, 
Ozanne,  Parsons  J.  R.,  Quinn,  Stewart,  Stites,  Stringer,  and 
Toy— 20. 

Mr.  Alderson  moved  to  reconsider  the  vote  just  taken. 
Pending  consideration  of  the  same,  the  Convention  adjourn- 
ed to  meet  Monda}-  morning,  at  9  o'clock. 

T.  P.  Sears, 

Secretary. 


714 


ONE  HUNDRED  AND  FOURTEENTH  DAY. 

Jackson,  Miss.,  Monday,  May  18th,  1868. 

Convention  met  purguant  to  adjournment. 
Prayer  by  the  Chaplain. 

Upon  the  roll  being  called,  the  following  delegates  answered 
to  their  names : 

Mr.  President,  Messrs.  Alderson,  Alcorn,  Ballard,  Bonney, 
Clarke,  Combash,  Conley,  Drane,  Fitzhugh,  Handy,  Hauser, 
Jacobs,  Jamison,  Mayson,  Musgrove,  Niles,  Moore,  Morgan, 
Myers,  Mygatt,  Niles,  Orr,  Ozanne,  Parsons  F.,  Parsons  J.  R., 
Powell,  Quinn,  Railsback,  Stewart,  Stovall,  Stiles,  Toy,  Wood- 
man see,  and  Yeoman — 35. 

The  following  delegates  were  absent: 

Messrs.  Bany,  Beam,  Bridges,  Brinson,  Caldwell,  Castello, 
Chapman,  Chappell,  Collins,  Cunningham,  Dowd,  Elliott  Jas., 
Elliott  John,  Fawn,  Field,  Gibbs,  Herbert,  Holland,  Howe, 
Hutto,  Johnson  S.,  Johnson  A.,  Jones,  Kerr,  Lack,  LaWson, 
Leas,  Leonard,  Mask,  Montgomery,  McKee,  McKnight,  Neil- 
son,  Nelms,  Newsom,  Peyton  E.  A.,  Peyton  E.  C,  Rainey, 
Richardson,  Smith,  Stites,  Stringer,  Walker,  Warren,  Weir, 
and  Williams — 46. 

Journal  of  Saturday  read  and  approved. 

The  President  announced  the  names  of  Messrs.  Stovall  and 
Qninn  as  the  two  additional  members  to  the  Standing  Com- 
mittee on  Election. 

Mr.  Ozanne  moved  to  suspend  the  rules,  for  the  purpose  of 
reconsidering  the  resolution  allowing  thirty  days  to  the  Secre- 
tary to  close  up  the  business ; 

Which  was  carried. 

Mr.  Ozanne  moved  that  the  vote  referred  to  above  be  recon- 
sidered. 

The  previous  question  moved  and  sustained,  and  the  motion 
of  Mr.  Ozanne  was  carried; 

And  the  motion  reconsidering  the  resolution  allowing  the 
Record  Clerk  twenty- five  days,  and  allowing  one  clerk  ten  days 
to  assist  the  Secretary  in  winding  up  his  business,  was  carried. 

Mr.  Orr  moved  that  the  rules  be  suspended,  to  enable  Mr. 
Ozanne  to  introduce  a  resolution. 

The  previous  question  moved  and  sustained,  and  the  motion 
of  Mr.  Orr  was  carried. 

Mr.  Ozanne  offered  the  following: 

Resolved,  That  the  Secretary  turn  over  to  the  Committee  of 
Seven  appointed  to  take  charge  of  the  business  of  this  Conven- 
tion, all  the  unfinished  business  of  said  Convention,  to  be 
closed  up  and  settled  by  said  committee. 

Be  it  further  resolved,  That  the  Record  Clerk  employed  by 
this  Covention  during  its  sessions,  be  retained  and  allowed 
twenty  five  days  to  close  up  his  work. 

Be  it  further  resolved,  That  the  Minute  Clerk  be  allowed 


715 


such  time  to  wind  up  his  business  as  may  be  judged  necessary 
by  the  Committee  of  Seven,  but  not  to  exceed  five  days. 

Mr.  F.  Parsons  moved  to  table:  which  was  lost. 

Mr.  Ozanne  moved  the  previous  question, 

Which  was  sustained; 

And  the  resolution  of  Mr.  Ozanne  was  adopted. 

Mr.  Stiles  moved  that  the  rules  be  suspended,  to  permit  him 
to  introduce  a  resolution. 

Mr.  Alderson  moved  to  amend  by  adding  the  words,  ';  per- 
mission for  himself  to  introduce  a  resolution,  also.  " 

Mr.  Orr  moved  the  previous  question, 

Which  was  sustained: 

And  the  amendment  of  Mr.  Alderson  was  adopted; 
And  the  motion  of  Mr.  Stiles  was  carried. 
Mr.  Stiles  offered  the  following: 

Whereas,  The  Convention  has  ordered  the  printing  of  2,500 
copies  of  the  Journal:  and 

Whereas,  The  Official  Reporter  has  been  retained  for  the 
purpose  of  writing  out  the  deflates:  therefore,  be  it 

Resolved,  That  1,500  copies  of  the  proceedings,  and  1,000 
copies  of  the  debates  be  printed. 

Mr.  Clarke  moved  to  amend  by  striking  out  the  words 
';  1,000  copies,"  and  inserting  the  words  "500  copies." 

Mr.  Orr  moved  the  previous  question; 

Which  was  sustained. 

And  the  amendment  of  Mr.  Clarke  was  lost,  by  the  following 
vote : 

Yeas— Messrs.  Alcorn,  Ballard.  Clarke,  Conley,  Dowd,  Jami- 
son, Mayson,  Mygatt.  Nesbitt,  Orr.  Ozanne.  Parsons  F.,  Rails- 
back,  Stewart,  Stiles,  and  Woodmansee — 16. 

Nats — Messrs.  Alderson,  Bonney,  Comhasb,  Cunningham, 
Drane,  Handy,  Hauser,  Musgrove,  Moore,  Morgan,  Myers, 
Newsom,  Niles,  Powell.  Quinn,  Stites,  Stovail.  and  Toy — 18. 

And  the  resolution  of  Mr.  Stiles  was  lost  by  the  following  vote  : 

Yeas — Messrs.  Alcorn,  Bonney,  Combash,  Cunningham, 
Drane,  Fitzhugb.  Mayson,  Musgrove,  Mygatt,  Orr,  Ozanne, 
Stiles,  and  Toy— 13. 

Nats — Messrs.  Alderson,  Ballard,  Clarke,  Conley,  Dowd, 
Handy,  Moore,  Morgan,  Myers,  Nesbitt,  Newsom,  Niles,  Par- 
sons F.,  Powell,  Quinn,  Stewart,  Stites,  Stovail,  and  Wood- 
mansee— 19. 

Mr.  Orr  moved  to  suspend  the  rules  to  take  up  the  unfinished 
business  of  Saturday  last. 

Previous  question' moved  by  Mr.  Orr,  and  not  sustained,  and 
the  subject  lies  over. 

The  committee  on  Printing  sabmitted  the  following  report  : 

Jacksox,  Miss.,  May  16th,  1868. 

To  the  Honorable  President  and  Hembers  of  the  Constitutional 
Convention  of  the  State  of  Mississippi: 

Gentlemen  :  Your  committee  on  Printing  would  respectfully 


submit  for  your  approval  the  following  statement  of  the 
amount  of  printing  for  account  of  Mississippi  Constitutional 
Convention  from  January  7th  to  May  15th,  1868,  inclusive: 


Account  of  Mississippi  State  Journal  for  publishing 
proceeding  from  January  7th  to  May  15th,  inclu- 
sive, 7,238  squares  of  ten  lines  each,  @  75  cts  $5,428  50 

Debates,  1,976  squares  of  ten  lines  each,  @  75  cts. .  .  .  1,482  00 
For  printing  reports  of  committees,  and  other  miscel- 
laneous matter  7,014  00 


Total  $13,924  50 

By  warrants   13,924  50 

Account  of  Vicksburg  Republican  for  publishing  pro- 
ceeding from  January  7th  to  May  15th,  inclusive, 
7,238  squares  of  ten  lines  each,  @  75  cts  $5,428  50 

Debates,  1,976  squares  of  ten  lines  each,  @  75  cts  .  .  1,482  00 


Total  $6,910  50 

By  warrants.   6,507  00 


Balance  due  $  403  50 

Account  of  Meridian  Chronicle  for  publishing  pro- 
ceedings from  January  7  to  15th  May,  inclusive, 
7,238  squares  of  ten  lines  each,  @  75c  $5,428  50 

By  warrants   4,359  75 


Balance  due  $1,068  75 

Account  of  Mississippi  Pilot  for  publishing  proceed- 
ings from  April  1  to  May  14,  inclusive,  2,987 
squares  of  ten  lines  each,  @  75c  $2,240  25 

For  miscellaneous  printing   15  00 

Total  .$2,255  25 

By  warrants   1,100  75 


Balance  due.....  $1,154  50 

RECAPITULATION. 

Amount  of  bill  of  Mississippi  State  Journal  ,.  .$13,924  50 

Amount  of  bill  of  Vicksburg  Republican   6,910  50 

Amount  of  bill  of  Meridian  Chronicle   5,428  50 

Amount  of  bill  of  Mississippi  Pilot   2,255  25 


Total  cost  of  printing  to  date   .$28,518  75 

Respectfully  submitted, 

Benj.  H.  Ore, 
Chairman  Committee  on  Printing. 

Report  received. 


Mr.  Fitzhugh  moved  to  suspend  the  rules  to  take  action  upon 
the  report. 

Mr.  Alcorn  moved  the  previous  question, 
Which  was  sustained: 

And  the  motion  of  Mr.  Fitzhugh  vras  carried. 
Mr.  Ozanne  moved  to  adopt  the  report. 
Mr.  Fitzhugh  moved  the  previous  question. 
Which  was  sustained: 
And  the  report  was  adopted. 

The  committee  on  Enrollment  submitted  the  following  re- 
port : 

To  the  President  and  Jf embers  of  Constitutional  Convention  : 

Your  committee  on  Enrollment,  have  examined  the  follow- 
ing ordinances,  viz: 

An  ordinance  for  the  relief  of  Chas.  M.  Thomas,  passed 
May  15. 

An  ordinance  in  relation  to  printing  the  Journal  and  Con- 
stitution. 

An  ordinance  relative  to  receiving  Convention  warrants  for 
State  tax.  etc.;  And  respectfully  report  that  they  find  the 
same  correctly  enrolled. 

A.  T.  Morgan. 
M.  T.  Newsom, 

W.   B.  CuXXIXG-HAM. 

Committee. 

Report  received. 

The  committee  on  Contingent  Expenses,  submitted  the  fol- 
lowing report: 

To  the  President  and  Jf embers  of  Constitutional  Convention  : 

The  committee  on  Contingent  Expenses,  to  whom  was  re- 
ferred the  annexed  account,  would  respectfully  report  in  favor 
of  its  adoption,  as  your  committee  believe  it  is  just  and  cor- 
rect. 

Respectfully. 

U.  OzAXXE, 

Chairman. 

Report  received. 

Mississippi  Constitutional  Convention. 

To  Mississippi  Pilot,  Dr. 

For  220 copies  per  day  for  forty  days  (a  5c.  per  copy.  H±0  00 

Under  a  suspension  of  the  rules,  the  report  was  received  and 
adopted,  and  warrants  ordered  to  be  drawn  in  payment  thereof. 

The  special  committee  on  Political  Disabilities  made  the 
following  report : 

Mr.  President  :  The  special  committee  on  Political  Disabili- 
ties would  respectfully  report  the  following  names  to  be  placed 


718 


upon  the  memorial  to  be  sent  to  Congress  for  pardon,  in 
addition  to  those  already  placed  on  said  memorial:  James 
T.  Mathiz,  Attala  county;  A.  J.  Gillespie,  Carroll  county;  J. 
C.  Bridgeforth, Carroll  county.  Your  committee  would  further 
report  that  the  parties  herein  recommended  have  been  duly 
indorsed,  and  would  recommend  their  names  to  be  added  to 
the  list  to  be  sent  to  Washington  to  the  favorable  considera- 
tion of  Congress. 

U.  OZANNE, 

Of  Committee. 

Report  received. 

Mr.  Ozanne  moved  to  adopt  the  report. 

Previous  question  called,  call  sustained;  and  the  report  was 
adopted. 

Mr.  Dowd  offered  the  following : 

Besolved,  That  for  prompt  and  efficient  services,  the  thanks 
of  this  Convention  are  hereby  tendered  to  C.  W.  Loomis,  Read- 
ing Clerk;  J.  Lemly,  Minute  Clerk;  E.  Stafford,  Auditor;  T. 
W.  Adams,  Auditing  Clerk;  M.  M.  Peyton  and  J.  M.  McKee, 
Enrolling  Clerks;  Rolla  Williams'  and  Wm.  Rice,  Assistant 
Sergeant- at- Arms;  and  all  other  officers  and  attaches  of  the 
Convention. 

Mr.  Ozanne  moved  to  amend  by  .adding  the  name  of  Mr. 
Brown,  Postmaster. 

Mr.  Hauser  moved  the  previous  question; 
Which  was  sustained. 

And  the  resolution  as  amended  was  adopted. 
Mr.  Alderson  offered  the  following: 

Besolved,  That  the  thanks  of  this  Convention  be  returned  to 
James  Dugan,  our  Official  Printer,  for  services  rendered. 
Which  was  adopted. 

Mr.  Stites  moved  to  suspend  the  rules  to  allow  himself,  Mr. 
Hauser,  and  Mr.  Ozanne  to  introduce  resolutions. 
Mr.  Ozanne  moved  the  previous  question, 
Which  was  lost; 

And  the  motion  of  Mr.  Stites  was  lost. 

Mr.  Clarke  moved  to  suspend  the  rules  to  enable  Messrs.  Al- 
corn and  Ozanne  to  introduce  resolutions. 
Mr.  Hauser  moved  the  previous  question, 
Which  was  sustained; 

And  the  motion  of  Mr.  Clarke  was  carried. 
Mr.  Ozanne  offered  the  following: 

Besolved,  That  the  Committee  of  Seven  be,  and  are  hereby 
empowered  and  directed  to  take  charge  of  the  stationery  and 
other  property  purchased  by  and  belonging  to  the  Constitu- 
tional Convention. 

Mr.  Clarke  moved  the  previous  question, 

Which  was  sustained; 

And  the  resolution  of  Mr.  Ozanne  was  adopted. 
Mr.  Alcorn  offered  the  following: 

Besolved,  That  the  Committee  of  Five  be  authorized  and 
instructed  to  have  the  Constitution,  as  framed  by  this  Conven- 


719 


tfon,  ready  for  distribution  within  five  days  from  the  adoption 
of  this  resolution. 

Mr.  Musgrove  moved  to  amend  as  follows: 

That  they  superintend  the  printing  of  the  proceedings 
and  debates,  and  settle  for  the  same. 

Mr.  Niles  moved  to  table  the  amendment; 

Which  was  carried. 

Mr.  Morgan  moved  the  previous  question, 
Which  was  sustained; 

And  the  resolution  of  Mr.  Alcorn  was  adopted. 
The  hour  having  arrived  for  adjournment,  the  President 
made  the  following  remarks : 

Gentlemen,  Delegates  to  the  Constitutional  Convention: 

The  hour  that  your  honorable  body  have  designated  for 
adjournment,  has  arrived.  I  cannot  allow  you  to  separate 
without  expressing  to  you  the  gratification  I  feel  for  the  uni- 
form courtesy  I  have  received  at  3Tour  hands,  and  for  the  kind 
resolution  thanking  me  for  what  you  are  pleased  to  style  "the 
able,  dignified,  and  impartial  discharge  of  the  duties  which  you 
so  unexpectedly  called  upon  me  to  perform,  by  selecting  me  to 
preside  over  your  deliberations.  That  I  have  been  impartial 
to  all,  I  believe  to  be  true;  at  least  such  I  intended  to  be;  and  I 
thank  you  that  you  have  spread  the  mantle  of  your  charity 
over  the  many  mistakes  that  my  inexperience  caused  me  to 
commit.  I  feel  greatly  encouraged  by  the  great  harmony  that 
has  characterised  your  proceedings  from  first  to  last,  and  par- 
ticularly for  the  unanimity  of  feeling  which  now  pervades 
your  body. 

United  we  go  forth  to  the  great  work  before  us  of  ratifying 
our  Constitution.  Far  different  from  the  two  Conventions  pre- 
ceding us;  our  labors  are  to  be  submitted  to  the  people  for  their 
approval. 

Gentlemen,  I  believe  the  harvest  is  already  ripe;  and  upon 
your  return  to  your  homes  3-011  must  stimulate  and  encourage 
your  people  to  renewed  efforts  in  the  cause  of  equal  rights; 
invite  all  who  wish  to  see  the  great  State  of  Mississippi 
restored  to  her  proper  relations  with  the  Federal  Government, 
who  wish  to  aid  in  the  restoration  of  peace,  and  prosperity,  and 
happiness  to  our  impoverished  country,  to  come  with  us,  for 
we  will  do  them  good. 

Again,  gentlemen,  allow  me  to  thank  j-ou  for  3-our  kindness, 
and  to  assure  you  all  that  you  bear  with  3-011  my  kindest 
wishes  and  earnest  co-operation  in  the  great  and  noble  work 
before  us.  Of  our  success,  I  feel  confident,  if  we  each  do  our 
part,  and  remember  that  the  eyes  of  the  people  not  only  of 
the  United  States,  but  of  the  whole  world  are  upon  us,  and  the 
Great  God  whose  blessings  we  have  invoked,  and  who  has 
wTatched  over  us  thus  far,  will  crown  our  labors  with  success. 

I  now  declare  this  Convention  adjourned,  to  meet  again  under 
the  order  of  the  Committee  of  Five,  should  our  Constitution 


720 


fail  to  meet  the  approval  of  the  people.  I  trust,  however,  it 
may  never  be  necessary  for  such  order  to  be  issued. 

B.  B.  EGGLESTON, 
President,  and  Delegate  from  Lowndes  county. 

Attest : 

T.  P.  Sears, 

Secretary. 


THE  CONSTITUTION  OF  THE  STATE  OF  MISSISSIPPI, 
AS  ADOPTED  IN  CONVENTION,  MAY  15,  1868. 

PREAMBLE. 

To  the  end  that  justice  be  established,  public  order  main- 
tained, and  liberty  perpetuated,  we,  the  people  of  the  State  of 
Mississippi,  grateful  to  Almighty  God  for  the  free  exercise  of 
the  right  to  choose  our  own  form  of  Government,  do  ordain 
this  Constitution. 

ARTICLE  I. 

BILL  OF  RIGPITS. 

Section  1.  All  persons  resident  in  this  State,  citizens  of  the 
United  States,  are  hereby  declared  citizens  of  the  State  of 
Mississippi. 

Sec.  2,  No  person  shall  be  deprived  of  life,  liberty,  or  prop- 
erty, except  by  due  process  of  law. 

Sec.  3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when  in  case  of  rebellion  or  invasion,  the 
public  safety  may  require  it. 

Sec.  4.  The  freedom  of  speech  and  of  the  press  shall  be  held 
sacred;  and  in  all  indictments  for  libel,  the  jury  shall  deter- 
mine the  law  and  the  facts,  under  the  direction  of  the  court, 

Sec.  5.  No  person's  life  or  liberty  shall  be  twice  placed  in 
ardy  for  the  same  offense. 

Sec.  6.  The  right  of  the  people  peaceably  to  assemble  and 
petition  the  government  on  any  subject,  shall  never  be  impaired. 

Sec.  7.  In  all  criminal  prosecutions,  the  accused  shall  have  a 
right  to  be  heard  by  himself  or  counsel,  or  both;  to  demand 
the  nature  and  cause  of  the  accusation;  to  be  confronted  by 
the  witnesses  against  him;  to  have  a  compulsory  process 
for  obtaining  witnesses  in  his  favor,  and  in  all  prosecutions, 
by  indictment  or  information,  a  speedy  and  public  trial,  by  an 
impartial  jury  of  the  county  where  the  offense  was  committed, 
and  he  shall  not  be  compelled  to  give  evidence  against  himself, 


721 


Sec.  8.  Cruel  or  unusual  punishment  shall  not  be  inflicted,  nor 
shall  excessive  fines  be  imposed:  excessive  bail  shall  not  be  re- 
quired, and  all  persons  shall,  before  conviction,  be  bailable  by 
sufficient  securities,  except  for  capital  offenses,  when  the  proof 
is  evident,  or  presumption  great. 

Sec.  9.  No  ex  post  facto  law  or  laws  impairing  the  obliga- 
tion of  contracts,  shall  ever  be  passed. 

Sec.  10.  Private  property  shall  not  be  taken  for  public  use, 
except  upon  due  compensation  first  being  made  to  the  owner  or 
owners  thereof,  in  a  manner  to  be  provided  for  by  law. 

Sec.  11.  There  shall  be  no  imprisonment  for  debt. 

Sec.  12.  The  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  13.  No  property  qualification  shall  ever  be  required  of 
any  person  to  become  a  juror. 

Sec.  11.  The  people  shall  be  secure  in  their  persons,  houses, 
and  possessions,  from  unreasonable  seizure,  or  search,  and  no 
warrant  shall  be  issued  without  probable  cause,  supported  by 
oath  or  affirmation,  specially  designating  the  place  to  be 
searched,  and  the  person  or  thing  to  be  seized. 

Sec.  15.  Ail  persons  shall  have  a  right  to  keep  and  bear  arms 
for  their  defense. 

Sec.  16.  The  rights  of  married  women  shall  be  protected  by 
law,  in  property  o^ned  previous  to  marriage  ;  and,  also  in  ail 
property  acquired  in  good  faith,  by  purchase,  gift,  devise,  or 
bequest,  after  marriage;  Provided,  That  nothing  herein  con- 
tained shall  be  so  construed  as  to  protect  said  property  from 
being  applied  to  the  payment  of  their  lawful  debts. 

Sec.  17.  No  property  qualification  for  eligibility  to  office 
shall  ever  be  required. 

Sec.  IS.  No  property  or  educational  qualification  shall  ever 
be  i  equired  for  any  person  to  become  an  elector. 

Sec.  19.  There  shall  be  neither  slavery  nor  involuntary  ser- 
vitude in  this  State,  otherwise  than  in  the  punishment  of  crime, 
vhereof  the  party  shall  have  been  duly  convicted. 

Sec.  20.  The  right  to  withdraw  from  the  Federal  Union,  on 
account  of  any  real  or  supposed  grievances,  shall  never  be  as- 
sumed by  this  State,  nor  shall  any  law  be  passed  in  derogation 
of  the  paramount  allegiance  of  the  citizens  of  this  State  to 
the  Government  of  the  United  States. 

Sec.  21.  No  public  money  or  moneys  shall  be  appropriated  for 
charitable  or  other  public  institution  in  this  State,  making  any 
distinction  among  the  citizens  thereof:  Provided.  That  nothing 
herein  contained  shall  be  so  construed  as  to  prevent  the  Legis- 
lature from  appropriating  the  school  fund  in  accordance  with 
the  article  in  this  Constitution  relating  to  public  schools. 

Sec.  22.  No  distinction  shall  ever  be  made  by  law  between 
citizens  and  alien  friends  in  reference  to  the  possession,  enjoy- 
ment or  descent  of  property. 

Sec.  23.  No  religious  test  as  a  qualification  for  office  shall 
ever  be  required,  and  no  preference  shall  ever  be  given  by  law 
to  any  religious  sect  or  mode  of  worship,  but  the  free  enjoy- 
ment of  all  religious  sentiments  and  the  different  modes  of  wor- 
C— 16 


722 


ship  shall  ever  be  held  sacred;  Provided,  The  rights  hereby 
secured,  shall  not  be  construed  to  justify  acts  of  licentiousness 
injurious  to  morals  or  dangerous  to  the  peace  and  safet}^  of 
the  State. 

Sec.  24.  The  right  of  all  citizens  to  travel  upon  public  con- 
veyances shall  not  be  infringed  upon,  nor  in  any  manner 
abridged  in  this  State. 

Sec.  25.  The  military  shall  be  in  strict  subordination  to  the 
civil  power. 

Sec  26.  Treason  against  the  State  shall  consist  only  in 
levying  war  against  the  same,  or  in  adhering  to  its  enemies, 
giving  them  aid  and  comfort.  No  person  shall  be  convicted 
of  treason,  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court. 

Sec.  27.  No  person's  life  shall  be  periled  by  the  practice  of 
dueling,  and  any  person  who  shall  hereafter  fight  a  duel,  or 
assist  in  the  same,  as  second,  or  send,  accept,  or  knowingly 
carry  a  challenge  therefor,  or  go  out  of  the  State  to  fight  a  duel 
shall  be  disqualified  from  holding  any  office  under  this  Consti- 
tution, and  shall  forever  be  disfranchised  in  this  State, 

Sec.  28.  All  courts  shall  be  open,  and  every  person,  for  an 
injury  done  him  in  his  lands,  goods,  person,  or  reputation,  shall 
have  remedy  b}^  due  course  of  law,  and  right  and  justice  ad- 
ministered without  sale,  denial  or  delay. 

Sec.  29.  No  person  shall  ever  be  elected  or  appointed  to  any 
office  in  this  State  for  life  or  during  good  behavior,  but  the  term 
of  all  offices  shall  be  for  some  specified  period. 

Sec.  30.  No  person  shall  be  debarred  from  prosecuting  or 
defending  any  civil  cause  for  or  against  him  or  herself,  before 
any  tribunal  in  this  State,  by  him  or  herself,  or  counsel  or 
both. 

Sec.  31.  No  person  shall,  for  any  indictable  offense,  be  pro- 
ceeded against  criminally  by  information,  except  in  cases  arising 
in  the  land  or  naval  forces,  or  the  militia  when  in  actual  service, 
or  by  leave  of  the  court,  for  misdemeanor  in  office;  Provided, 
That  the  Legislature  in  cases  of  petit  larceny,  assaults,  assault 
and  battery,  affray,  riot,  unlawful  assembly,  drunkenness,, 
vagrancy,  and  other  misdemeanors  of  like  character,  may  dis- 
pense with  an  inquest  of  a  grand  jury  and  may  authorize  pros- 
ecutions before  Justices  of  the  Peace,  or  such  other  inferior 
court  or  courts  as  may  be  established  by  the  Legislature,  and 
the  proceedings  in  such  cases  shall  be  regulated  by  law. 

Sec.  32.  The  enumeration  of  rights  in  this  Constitution  shall 
not  be  construed  to  deny  or  impair  others  retained  by  and 
inherent  in  the  people. 

ARTICLE  II. 

BOUNDARIES  OF  THE  STATE. 

The  limits  and  boundaries  of  the  State  of  Mississippi  shall 
remain  as  now  established  by  law. 


723 


ARTICLE  III. 

DISTRIBUTION  OF  POWERS. 

Section  1.  The  Powers  of  Government  of  the  State  of 
Mississippi  shall  be  divided  into  three  distinct  departments, 
and  each  of  them  confided  to  a  separate  magistracy,  to  wit: 
Those  which  are  legislative  to  one,  those  which  are  judicial  to 
another,  and  those  which  are  executive  to  another. 

Sec.  2.  No  person,  or  collection  of  persons,  being  of  one  of 
these  departments,  shall  exercise  any  power  properly  belonging 
to  either  of  the  other,  except  in  instances  hereinafter  expressly 
directed  or  permitted. 

ARTICLE  IV. 

LEGISLATIVE  DEPARTMENT. 

Section  1.  The  legislative  power  of  this  State  shall  be  vested 
in  the  Legislature,  which  shall  consist  of  a  Senate  and  House 
of  Representatives. 

Sec.  2.  The  House  of  Representatives  shall  consist  of  mem- 
bers to  be  chosen  every  second  year  by  the  qualified  electors 
of  the  several  counties. 

Sec  3.  No  person  shall  be  a  member  of  the  House  of  Repre- 
sentatives who  shall  not  be  an  elector  under  this  Constitution, 
and  who  shall  not,  at  the  time  of  his  election,  have  an  actual 
residence  in  the  district  he  ma}'  be  chosen  to  represent 

Sec.  4.  The  Senate  shall  consist  of  members  to  be  chosen 
every  four  years  by  the  qualified  electors  of  the  several  dis- 
tricts. 

Sec.  5.  No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained the  age  of  twentj^-five  years,  who  shall  not  have  been  an 
inhabitant  of  the  State  one  year,  and  who  shall  not  have  an 
actual  residence  in  the  district  he  may  be  chosen  to  represent. 

Sec  6.  The  political  year  shall  begin  on  the  first  Monday  of 
January,  and  the  Legislature  shall  meet  annually,  on  the  first 
Tuesday  after  the  first  Monday  in  January,  at  the  seat  of  gov- 
ernment, unless  sooner  convened  by  the  Governor,  until  altered 
Lrv  law. 

Sec.  7.  All  general  elections  shall  be  by  ballot,  and  shall  com- 
mence and  be  holden  every  two  years,  on  the  first  Tuesday 
after  the  first  Monday  in  November,  until  altered  by  law;  and 
the  electors,  in  all  cases,  except  in  cases  of  treason,  felony,  and 
breach  of  the  peace,  shall  be  privileged  from  arrest  during  their 
attendance  on  elections,  and  in  going  to  and  returning  there- 
from. 

Sec  8.  Election  for  members  of  the  Legislature  shall  be 
held  in  the  several  counties  and  districts,  as  shall  be  provided 
by  law. 

Sec  9.  The  Governor  shall  issue  writs  of  election  to  fill 
such  vacancies  as  may  occur  in  either  house  of  the  Legislature, 


and  the  persons  thereupon  chosen,  shall  hold  their  seats  for  the 
unexpired  term. 

Sec.  10.  Each  house  shall  appoint  its  own  officers,  and  shall 
judge  of  the  qualifications,  returns,  and  election  of  its  own 
members. 

Sec.  11.  The  Senate  shall  choose  a  President  _pro  tempore,  to 
act  in  the  absence  or  disabilit}^  of  the  Lieutenant  Governor. 

Sec.  12.  A  majority  of  each  house  shall  constitute  a  quorum 
to  do  business;  but  a  less  number  may  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members,  in  such  manner, 
and  under  such  penalties  as  each  house  shall  provide. 

Sec.  13.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting. 

Sec.  14.  Each  house  may  determine  rules  of  its  own  proceed- 
ings, punish  its  members  for  disorderly  behavior;  and  with 
the  concurrence  of  two-thirds  of  the  members  present,  expel  a 
member;  but  no  member  shall  be  expelled  a  second  time  for  the 
same  offense.  They  shall  each,  from  time  to  time,  publish_a 
journal  of  the  proceedings,  except  such  parts  as  may,  in  their 
opinion,  require  secrec}^,  and  the  yeas  and  nay s  on  any  question 
shell  be  entered  on  the  Journal,  at  the  request  of  one-tenth  of 
the  members  present;  Provided,  That  the  yeas  and  nays  shall 
always  be  entered  on  the  Journal  on  the  passage  of  a  bill 
appropriating  money. 

Sec.  15.  The  doors  of  each  house,  when  in  session,  or  in 
Committee  of  the  Whole,  shall  be  kept  open,  except  in  cases 
which  may  require  secrecy;  and  each  house  may  punish,  by 
fine  and  imprisonment,  any  person  not  a  member,  who  shall  be 
guilty  of  disrespect  to  the  house,  by  any  disorderly  or  con- 
temptuous behavior  in  their  presence,  or  in  any  way  disturb 
their  deliberations  during  the  session ;  but  such  imprisonment 
shall  not  extend  be}<ond  the  final  adjournment  of  that  session. 

Sec.  16.  No  person  liable  for  public  moneys  unaccounted  for 
shall  be  eligible  to  a  seat  in  either  house  of  the  Legislature,  or 
to  any  office  of  profit  or  trust,  until  he  shall  have  accounted  for 
and  paid  over  all  sums  for  which  he  may  have  been  liable. 

Sec.  ,17.  No  person  shall  be  eligible  to  any  office  of  profit  or 
trust,  nor  shall  he  be  permitted  to  exercise  the  right  of  suffrage 
within  this  State,  who  shall  have  been  convicted  of  bribery, 
perjury,  or  other  infamous  crime. 

Sec,  18.  Any  person  who  shall  have  been  convicted  of  giv- 
ing or  offering  directly  or  indirectly,  any  bribe  to  procure  his 
election  or  appointment,  and  any  person  who  shall  give  or  offer 
any  bribe  to  procure  the  election  or  appointment  of  any  person 
to  office,  shall,  on  conviction  thereof,  be  disqualified  from  being 
an  elector,  or  holding  any  office  of  profit  or  trust  under  the 
laws  of  this  State. 

Sec.  19.  Senators  and  Representatives  shall,  in  all  cases  ex- 
cept treason,  felony  or  breach  of  the  peace,  be  privileged  from 
arrest  during  the  session  of  the  Legislature,  and  for  fifteen 
clays  before  the  commencement  and  after  the  termination  of 
each  session, 


725 


Sec.  20.  The  members  of  the  Legislature  shall  severally  re- 
ceive from  the  public  Treasury  compensation  for  their  services, 
which  may  be  increased  or  diminished:  but  no  alteration  of 
such  compensation  of  members  shall  take  effect  during  the 
session  at  which  it  is  made. 

Sec.  21.  The  Legislature  shall  direct  by  law  in  what  courts 
and  in  what  manner  suits  may  be  brought  against  the  State. 

Sec.  22.  The  Legislature  shall  not  have  power  to  pass  any 
bill  of  divorce ;  but  may  prescribe  by  law  the  maDner  in  which 
cases  shall  be  investigated  in  the  courts  of  justice,  and  divorces 
granted. 

Sec.  23.  Bills  may  originate  in  either  house,  and  be  amended 
or  rejected  in  the  other;  and  every  bill  shall  be  read  on  three 
different  days,  in  each  house,  unless  two-thirds  of  the  house- 
where  the  same  is  pending,  shall  dispense  with  the  rules;  and 
every  bill  having  passed  both  houses,  shall  be  signed  by  the 
President  of  the  Senate  and  Speaker  of  the  House  of  Repre- 
sentatives, in  open  session. 

Sec.  24.  Every  bill  which  has  passed  both  houses,  shall  be 
presented  to  the  Governor  of  the  State,  If  he  approves,  he 
shall  sign  it,  but  if  he  does  not  approve,  he  shall  return  it  with 
his  objections,  to  the  house  in  which  it  originated,  who  shall 
enter  the  objections  at  larg;e  upon  their  Journal,  and  proceed 
to  reconsider  it,  If,  after  such  reconsideration,  two-thirds  or 
that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent  with  the 
objections,  to  the  other  house,  by  which,  likewise,  it  shall  be 
reconsidered,  and  if  approved  by  two-thirds  of  that  house,  it 
shall  become  a  law ;  but  in  all  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  or  against  the  bilL  shall  be  entered 
on  the  Journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  Governor  within  five  days  (Sunday  ex- 
cepted), after  it  has  been  presented  to  him,  it  shall  be  a  law  in 
like  manner  as  if  he  had  signed  it,  unless  the  Legislature,  by 
adjournment,  prevented  its  return,  in  which  case  it  shall  be  a 
law,  unless  sect  back  within  three  days  after  its  next  meeting, 

Sec.  25.  Every  order,  resolution,  or  vote,  to  which  the  con- 
currence of  both  houses  may  be  necessary  (except  on  ques- 
tions of  adjournment),  shall  be  presented  to  the  Governor,  and 
before  it  shall  take  effect,  be  approved  by  him,  or  being  disap- 
proved, shall  be  repassed  by  two-thirds  of  both  houses,  accord- 
ing to  the  rules  of  limitation  prescribed  in  all  cases  of  a  bill. 

Sec.  26.  No  money  shall  be  drawn  from  the  Treasury  excej  : 
on  appropriation  made  by  law. 

Sec.  27.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  but  two-thirds  of  all  the  members  pres- 
ent must  concur  therein.  All  impeachments  shall  be  tried  by 
the  Senate,  and  when  sitting  for  that  purpose,  the  Senators 
shall  be  upon  oath  or  affirmation  to  do  justice  according  to  law 
and  evidence. 

Sec.  28.  The  Governor  and  all  other  civil  officers  under  this 
State,  shall  be  liable  to  impeachment  for  treason,  bribery,  or 
any  high  crime  or  misdemeanor  in  office. 


726 


Sec.  29.  When  the  Governor  shall  be  tried,  the  Chief  Jus- 
tice of  the  Supreme  Court  shall  preside,  and  no  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  all  the 
Senators  present. 

Sec.  30.  Judgment  in  such  cases  shall  not  extend  further 
than  removal  from  office,  and  disqualification  to  hold  any  office 
of  honor,  trust,  or  profit  under  this  State;  but  the  party  con- 
victed shall  nevertheless  be  subject  to  indictment,  trial,  judg- 
ment, and  punishment  according  to  law. 

Sec.  31.  For  reasonable  cause,  which  shall  not  be  sufficient 
ground  of  impeachment,  the  Governor  shall,  on  the  joint  ad- 
dress of  two-thirds  of  each  branch  of  the  Legislature,  remove 
from  office,  the  Judges  of  the  Supreme  and  inferior  courts; 
Provided,  The  cause  or  causes  of  removal  be  spread  on  the 
Journal,  and  the  party  charged  be  notified  of  the  same  before 
the  vote  is  finally  taken  and  decided,  and  shall  have  an  oppor- 
tunity to  be  heard  by  himself  or  counsel,  or  both. 

Sec.  32.  The  style  of  the  laws  of  the  State  shall  be,  "  Be  it 
enacted  by  the  Legislature  of  the  State  of  Mississippi." 

Sec.  33.  The  Legislature,  shall  provide  for  the  enumeration 
of  the  whole  number  of  inhabitants,  and  of  the  qualified 
electors  of  the  State,  once  in  every  ten  years ;  and  the  first 
enumeration  shall  be  ordered  at  the  first  meeting  of  the  Legis- 
lature under  this  Constitution. 

Sec.  34.  The  number  of  Representatives  shall,  at  the  several 
periods  of  making  such  enumeration,  be  apportioned  among 
the  several  counties,  or  districts,  according  to  the  number  of 
qualified  electors  in  each,  and  shall  not  be  less  than  one  hun- 
dred, nor  more  than  one  hundred  and  twenty. 

Sec.  35.  The  number  of  Senators  shall,  upon  each  enumera- 
tion made,  be  apportioned  according  to  the  number  of  qualified 
electors  in  the  several  districts,  and  shall  never  be  less  than 
one-fourth,  nor  more  than  one-third  the  whole  number  of  Rep- 
resentatives. 

Sec.  36.  The  Senators,  on  being  convened,  after  the  first 
election,  shall  be  divided  by  lot  from  their  respective  Con- 
gressional Districts,  into  two  classes,  as  nearly  equal  as  can  be? 
and  the  seats  of  the  first  class  shall  be  vacated  at  the  expira- 
tion of  the  second  year. 

Sec.  37.  The  Legislature  shall  provide  for  the  organization 
of  new  counties,  locating  county  seats,  and  changing  county 
lines;  but  no  county  shall  be  organized,  nor  the  lines  of  any 
county  changed  so  as  to  include  an  area  of  less  than  four  hun- 
dred, nor  more  than  six  hundred  and  twenty-five  square  miles* 

Sec.  38.  No  Senator  or  Representative,  during  the  term  for 
which  he  was  elected,  shall  be  appointed  to  any  office  of  profit 
under  this  State>  which  shall  have  been  created,  or  the  emolu- 
ments of  which  have  been  increased  during  the  time  such 
Senator  or  Representative  was  in  office,  except  to  such  offices, 
as  may  be  filled  by  an  election  of  the  people. 

Sec.  39.  The  Legislature  shall  provide  by  law,  for  determin- 
ing contested  elections, 


ARTICLE  \ 


EXECUTIVE. 

Section  1.  The  chief  executive  power  of  this  State  shall  be 
vested  in  a  Governor,  who  shall  hold  his  office  for  four  years. 

Sec.  2.  The  Governor  shall  be  elected  by  the  qualified  elec- 
tors of  the  State.  The  returns  of  every  election  for  Governor 
shall  be  sealed  up  and  transmitted  to  the  seat  of  government, 
directed  to  the  Secretary  of  State,  who*  shall  deliver  them  to 
the  Speaker  of  the  House  of  Representatives  at  the  next 
ensuing  session  of  the  Legislature,  during  the  first  week '  of 
which  session,  the  said  Speaker  shall  open  and  publish  them  in 
presence  of  both  houses  of  the  Legislature.  The  person  hav- 
ing the  highest  number  of  votes  shall  be  Governor,  but  if  two 
or  more  shall  be  equal  and  highest  in  votes,  then  one  of  them 
shall  be  chosen  Governor  by  the  joint  ballot  of  both  houses 
of  the  Legislature.  Contested  elections  for  Governor  shall  be 
determined  by  both  houses  of  the  Legislature  in  such  manner 
as  shall  be  prescribed  by  law. 

Sec.  3.  The  Governor  shall  be  at  least  thirty  }~ears  of  age, 
and  shall  have  been  a  citizen  of  the  United  State-  twenty  years; 
shall  have  resided  in  this  State  two  years  next  preceding  the 
da}'  of  his  election. 

Sec.  4.  He  shall  receive  for  his  services  such  compensation 
as  shall  be  provided  by  law. 

Sec.  5.  He  shall  be  Commander-in-Chief  of  the  Army  and 
Navy  of  the  State,  and  of  the  Militia,  except  when  they  shall 
be  called  into  the  seiwice  of  the  United  States. 

Sec.  6.  He  may  require  information,  in  writing,  from  the 
officers  in  the  Executive  Department,  on  any  subject  relating 
to  the  duties  of  their  respective  offices. 

Sec.  7.  He  may.  in  cases  of  emergenc}',  convene  the  Legisla- 
ture at  the  seat  of  Government,  or  at  a  different  place,  if  that 
shall  have  become  dangerous  from  an  enemy,  or  from  di-ease; 
and  in  case  of  disagreement  between  the  two  houses  with 
respect  to  time  of  adjournment,  adjourn  them  to  such  time  as 
he  shall  think  proper,  not  beyond  the  day  of  the  next  stated 
meeting  of  the  Legislature. 

Sec.  8.  He  shall,  from  time  to  time,  give  the  Legislature  in- 
formation of  the  state  of  the  Government,  and  recommend  to 
their  consideration  such  measures  as  he  may  deem  necessary 
and  expedient. 

Sec.  9.  It  shall  be  his  duty  to  see  that  the  laws  are  faith- 
fully executed. 

Sec.  10.  In  all  criminal  and  penal  cases,  except  in  those  of 
treason  and  impeachment,  he  shall  have  power  to  grant  re- 
prieves and  pardons,  and  remit  fines,  and  in  cases  of  forfeiture 
to  stay  the  collection  until  the  end  of  the  next  session  of  the 
Legislature,  and  to  remit  forfeitures  by  and  with  the  consent  of 
the  Senate.  In  cases  of  treason  he  shall  have  power  to  grant 
reprieves  by  and  with  the  consent  of  the  Senate,  but  may  re- 


728 


spite  the  sentence  until  the  end  of  the  next  session  of  the  Leg- 
islature. 

Sec.  11.  There  shall  be  a  seal  of  the  State  kept  by  the  Gov- 
ernor, and  used  by  him  officially,  and  be  called  the  Great  Seal  of 
the  State  of  Mississippi. 

Sec  12.  All  commissions  shall  be  in  the  name  and  by  the 
authority  of  the  State  of  Mississippi,  be  sealed  with  the  Great 
Seal  of  State,  and  signed  by  the  Governor,  and  be  attested  by 
the  Secretary  of  State. 

Sec.  13.  All  vacancies  not  provided  for  in  this  Constitution, 
shall  be  filled  in  such  manner  as  the  Legislature  may  prescribe. 

Sec.  14.  There  shall  be  a  Lieutenant  Governor,  who  shall  be 
elected  at  the  same  time,  in  the  same  manner,  and  for  the  same 
term,  and  shall  possess  the  same  qualifications  as  the  Governor. 

Sec.  15.  He  shall,  by  virtue  of  his  office,  be  President  of  the 
Senate.  In  Committee  of  the  Whole,  he  may  debate  on  all 
questions,  and  when  there  is  an  equal  division  in  the  Senate, 
or  on  a  joint  vote  of  both  houses,  he  shall  give  the  casting  vote. 

Sec.  16.  He  shall  receive  for  his  services  such  compen- 
sation as  may  be  provided  by  law. 

Sec.  17.  When  the  office  of  Governor  shall  become 
vacant  by  death  or  otherwise,  the  Lieutenant  Governor  shall 
possess  the  powers  and  discharge  the  duties  of  said  office,  and 
receive  the  same  compensation  as  the  Governor,  during  the 
remainder  of  the  said  term.  When  the  Governor  shall  be 
absent  from  the  State,  or  unable,  from  protracted  illness,  to 
perform  the  duties  of  his  office,  the  Lieutenant  Governor  shall 
discharge  the  duties  of  said  office,  and  receive  said  compensa- 
tion until  the  Governor  be  able  to  resume  his  duties;  but  if, 
from  disability,  or  otherwise,  the  Lieutenant  Governor  shall  be 
incapable  of  performing  said  duties,  or  if  he  be  absent  from 
the  State,  the  President  of  the  Senate  pro  tempore  shall  act  in 
his  stead;  but  if  there  be  no  such  President,  or  if  he  be  dis- 
qualified by  like  disability,  or  be  absent  from  the  State,  then 
the  Speaker  of  the  House  of  Eepresentatives  shall  assume  the 
office  of  Governor  and  perform  said  duties,  and  receive  the 
same  compensation  as  the  Governor;  and  in  case  of  the  inability 
of  the  foregoing  officers  to  discharge  the  duties  of  Governor, 
the  Secretary  of  State  shall  convene  the  Senate  to  elect  a 
President  pro  tempore. 

Sec.  18.  In  case  the  election  for  Lieutenant  Governor  shall 
be  contested,  it  shall  be  decided  in  the  same  manner  as  that  of 
the  Governor. 

Sec.  19.  The  Secretary  of  State  shall  be  elected  by  the  qual- 
ified electors  of  the  State;  shall  be  at  least  twenty- five  years  of 
age  and  a  citizen  of  the  State  one  year  next  preceding  the  day 
of  his  election,  and  shall  continue  in  office  during  the  term  of 
four  years;  he  shall  keep  a  correct  register  of  all  the  official 
acts  and  proceedings  of  the  Governor,  and  shall,  when  required, 
lay  the  same  and  all  papers,  minutes  and  vouchers  relative  there- 
to, before  the  Legislature,  and  shall  perform  such  other  duties 
as  may  be  required  by  law. 


729 


Sec.  20.  A  State  Treasurer,  and  Auditor  of  Public  Accounts 
shall  be  elected  by  the  qualified  electors  of  the  State,  who  shall 
hold  their  offices  for  the  term  of  four  years,  unless  sooner 
removed,  and  shall  possess  the  same  qualifications  as  the  Sec- 
retary of  State,  and,  together  with  the  last  named  officer,  shall 
receive  such  compensation  as  may  be  provided  by  law. 

Sec.  21.  A  Sheriff,  Coroner,  Treasurer,  Assessor,  and  Survey- 
or shall  be  elected  in  each  county  by  the  qualified  electors 
thereof,  who  shall  hold  their  offices  for  two  3rears,  unless  sooner 
removed. 

Sec  22.  All  officers  named  in  this  article  shall  hold  their 
offices  during  the  term  for  which  they  were  elected,  unless 
removed  by  impeachment  or  otherwise,  and  until  their  succes- 
sors shall  be  duly  qualified  to  enter  on  the  discharge  of  their 
separate  duties. 

ARTICLE  VI. 

JUDICIARY. 

Section  1.  The  judicial  power  of  the  State  shall  be  vested 
in  a  Supreme  Court,  and  such  other  courts  of  law  and  equuVv, 
as  are  hereafter  provided  for  in  this  Constitution. 

Sec.  2.  The  Supreme  Court  shall  consist  of  three  Judges, 
who  shall  be  appointed  by  the  Governor,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  any  two  of  v  horn,  when  con- 
vened, shall  form  a  quorum.  The  Legislature  shall  divide  the 
State  into  three  Districts,  and  the  Governor,  by  and  with  the 
advice  and  consent  of  the  Senate,  shall  appoint  one  Judge  for 
each  district. 

Sec.  3.  The  office  of  one  of  said  Judges  shall  be  vacated  in 
three  years,  one  in  six  years,  and  one  in  nine  years,  so  that  at 
the  expiration  of  every  three  years  one  of  said  Judges  shall  be 
appointed  as  aforesaid.  The  term  of  office  of  the  Judges  of 
the  Supreme  Court  shall  be  nine  years. 

Sec.  4.  The  Supreme  Court  shall  have  no  jurisdiction  but 
such  as  properly  belongs  to  a  Supreme  Court. 

Sec.  5.  All  vacancies  which  may  occur  in  said  court,  from 
death,  resignation,  or  removal,  shall  be  filled  by  appointment, 
as  aforesaid;  Provided,  however,  That  if  a  vacancy  shall  occur 
during  the  recess  of  the  Legislature,  the  Governor  shall  ap- 
point a  successor,  who  shall  hold  his  office  until  the  next  meet- 
ing of  the  Legislature. 

Sec.  6.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  Supreme  Court  who  shall  not  have  attained  the  age  of 
thirty  years  at  the  time  of  his  appointment,  and  who  shall  not 
have  been  for  two  years  immediately  preceding,  a  citizen  of  the 
State. 

Sec.  7.  The  Supreme  Court  shall  be  held  twice  in  each  year, 
at  the  seat  of  Government,  at  such  times  as  the  Legislature 
may  prescribe. 

Sec.  8.  Immediately  upon  the  first  appointment  of  Judges, 


730 


as  aforesaid,  the  Governor,  in  the  presence  of,  and  with  the 
assistance  of  the  President  of  the  Senate  and  Secretary  of 
State,  shall  determine  by  lot,  which  of  said  Judges  shall  serve 
for  the  term  of  three  years,  and  which  shall  serve  for  the  term 
of  six  years,  and  which  shall  serve  for  the  term  of  nine  years; 
and  it  shall  be  the  duty  of  the  Governor  to  issue  commissions 
accordingly. 

Sec.  9.  No  Judge  of  said  Court  shall  sit  on  the  trial  of  any 
cause  where  the  parties,  or  either  of  them,  shall  be  connected 
with  him  by  affinity  or  consanguinity,  or  where  he  may  be  inter- 
ested in  the  same,  except  by  the  consent  of  the  Judges  and  of 
the  parties,  and  whenever  a  quorum  of  said  Court  are  situated 
as  aforesaid,  the  Governor  of  the  State  shall,  in  such  cases, 
specially  commission  two  or  more  meu  of  law  knowledge,  for 
the  determination  thereof. 

Sec.  10.  The  Judges  of  said  Court  shall  receive  for  their 
services  a  compensation  to  be  fixed  by  law,  which  shall  not  be 
diminished  during  their  continuance  in  office. 

Sec.  11.  The  Judges  of  the  Circuit  Court  shall  be  appointed 
by  the  Governor,  with  the  advice  and  consent  of  the  Senate, 
and  shall  hold  their  office  for  the  term  of  six  }rears. 

Sec.  12.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  Circuit  Court  who  shall  not,  at  the  time  of  his  appointment, 
have  attained  the  age  of  twenty-six  years,  and  shall  have  been 
two  years  a  citizen  of  the  State. 

Sec  13.  The  State  shall  be  divided  into  convenient  Judicial 
Districts. 

Sec.  14.  Circuit  Courts  shall  have  original  jurisdiction  in  all 
matters,  civil  and  criminal,  within  this  State;  but  in  civil  cases 
only,  when  the  principal  of  the  amount  in  controversy  exceeds 
one  hundred  and  fifty  dollars. 

Sec.  15.  A  Circuit  Court  shall  be  held  at  least  twice  in  each 
year,  and  the  Judges  of  said  Courts  may  interchange  Circuits 
with  each  other,  in  such  manner  as  may  be  prescribed  by  law, 
and  shall  receive  for  their  services  a  compensation  to  be  fixed 
by  law,  which  shall  not  be  diminished  during  their  continuance 
in  office. 

Sec.  16.  Chancery  Courts  shall  be  established  in  each  county 
in  the  State,  with  full  jurisdiction  in  all  matters  of  equity,  and  of 
divorce  and  alimony;  in  matters  testamentary,  and  of  adminis- 
tration in  minor's  business,  and  allotment  of  dower,  and  in 
cases  of  idiocy,  lunacy,  and  persons  non  compos  mentis. 

Sec  17.  The  Legislature  shall  divide  the  State  into  a  conven- 
ient number  of  Chancery  Districts,  to  be  composed  of  not 
more  than  four  counties.  Chancellors  shall  be  appointed  in  the 
same  manner  as  the  Judges  of  the  Circuit  Courts.  Their  quali- 
fications shall  be  regulated  by  law,  and  they  shall  hold  their 
office  for  the  term  of  four  years.  They  shall  hold  a  court  in 
each  county  at  least  four  times  in  each  year,  and  shall  receive 
such  compensation  as  may  be  provided  by  law. 

Sec  18.  The  style  of  all  process  shall  be,  "  The  State  of  Mis- 
sissippi," and  all  prosecutions  shall  be  carried  on  in  the  name 


731 


and  by  the  authority  of  The  State  of  Mississippi,"  and  shall 
conclude    against  the  peace  and  dignity  of  the  same."' 

Sec.  19.  The  Clerk  of  the  Supreme  Court  shall  be  appointed 
by  said  court,  for  the  term  of  four  years;  and  the  Clerk  of  the 
Circuit  Court  and  the  Clerk  of  the  Chancery  Court  shall  be 
elected  by  the  qualified  voters  of  their  several  counties,  and 
shall  hold  their  office  for  the  term  of  four  years:  and  the  Legis- 
lature shall  provide  by  law,  what  duties  shall  be  performed  by 
the  Clerks  of  the  Circuit  and  Chancery  Courts  during  vacation, 
subject  to  the  approval  of  the  court. 

Sec.  20.  The  qualified  electors  of  each  county  shall  elect 
five  persons,  by  districts,  for  the  term  of  two  years,  who  shall 
constitute  a  Board  of  Supervisors  for  each  county,  a  majority 
of  whom  may  transact  business;  which  body  shall  have  full 
jurisdiction  over  roads,  ferries  and  bridges,  and  shall  order  all 
county  elections,  to  fill  vacancies  that  may  arise  in  the  offices 
of  their  respective  counties,  and  perform  such  other  duties 
as  shall  be  provided  by  law.  The  Clerk  of  the  Chancery 
Court  of  each  eouuty  shall  be  the  Clerk  of  such  Board  of 
Supervisors. 

Sec.  21.  ^o  person  shall  be  eligible  as  a  member  of  said 
Board  who  shall  not  have  resided  one  year  in  the  county, 
but  this  qualification  shall  not  extend  to  such  new  counties  as 
may  hereafter  be  established  until  one  year  after  their  organiza- 
tion, and  all  vacancies  that  may  occur  in  said  Board  shall  be 
supplied  by  election  as  aforesaid,  to  the  unexpired  term. 

Sec  22.  Judges  of  all  the  Courts  of  this  State,  and  all  other 
civil  officers,  shall,  by  virtue  of  their  office,  be  conservators  of 
the  peace,  and  shall  be,  by  law,  vested  with  ample  powers  in 
that  respect. 

Sec  23.  A  competent  number  of  Justices  of  the  Peace  and 
Constables  shall  be  chosen  in  each  county,  by  the  qualified 
electors  thereof,  by  districts,  who  shall  hold  their  office  for  the 
term  of  two  years.  The  jurisdiction  of  Justices  of  the  Peace 
shall  be  limited  to  causes  in  which  the  principal  of  the  amount 
in  controversy  shall  not  exceed  the  sum  of  one  hundred  and 
fifty  dollars.  In  all  causes  tried  by  a  Justice  of  the  Peace, 
the  right  of  appeal  shall  be  secured,  under  such  rules  and  regu- 
lations as  shall  be  prescribed  by  law. 

Sec  24.  The  Legislature  shall  from  time  to  time,  establish 
such  other  inferior  courts  as  may  be  necessary,  and  abolish  the 
same  whenever  they  shall  deem  it  expedient. 

Sec  25.  There  shall  be  an  Attorne}T  General  elected  by  the 
qualified  electors  of  the  State,  and  a  competent  number  of 
District  Attorneys  shall  be  elected  by  the  qualified  electors  of 
the  respective  districts,  whose  term  of  service  shall  be  four 
years,  and  whose  duties  and  compensation  shall  be  prescribed 
by  law. 

Sec  26.  Clerks,  Sheriffs,  and  other  county  officers,  for  wil- 
ful neglect  of  duty  or  misdemeanor  in  office,  shall  be  liable  to 
presentment  or  indictment  by  grand  jury,  and  trial  by  petit 
jury,  and  upon  conviction,  shall  be  removed  from  office. 


732 


ARTICLE  VII. 

FRANCHISE. 

Section  1.  All  elections  by  the  people  shall  be  by  ballot. 

Sec.  2.  All  male  inhabitants  of  this  State,  except  idiots  and 
insane  persons,  and  Indians,  not  taxed,  citizens  of  the  United 
States,  or  naturalized,  twenty-one  years  old  and  upwards,  who 
have  resided  in  this  State  six  months,  and  in  the  county  one 
month  next  preceding  the  day  of  election,  at  which  said  in- 
habitant offers  to  vote,  and  who  are  duly  registered  according 
to  the  requirements  of  section  3  of  this  article,  and  who  are 
not  disqualified  by  reason  of  any  crime,  are  declared  to  be 
qualified  electors. 

Sec  3.  The  Legislature  shall  provide  by  law  for  the  regis- 
tration of  all  persons  entitled  to  vote  at  any  election,  and  all 
persons  entitled  to  register  shall  take  and  subscribe  the  fol- 
lowing oath  or  affirmation :    "I  ,  do  solemnly  swear 

(or  affirm),  in  the  presence  of  Almighty  God,  that  lam  twenty- 
one  years  old;  that  I  have  resided  in  this  State  six  months,  and 
in  ....  county  one  month ;  that  I  will  faithfully  support  and 
obey  the  Constitution  and  laws  of  the  United  States,  and  of 
the  State  of  Mississippi,  and  will  bear  true  faith  and  allegiance 
to  the  same;  -  that  I  am  not  disfranchised  in  any  of  the  provis- 
ions of  the  acts  known  as  the  Reconstruction  Acts  of  the  39th 
and  40th  Congress;  and  that  I  admit  the  political  and  civil 
equality  of  all  men;  so  help  me  God;"  Provided,  That  if 
Congress  shall,  at  any  time,  remove  the  disabilities  of  any  per- 
sons disfranchised  in  the  said  Reconstruction  Acts  of  the  said 
39th  and  40th  Congress  (and  the  Legislature  of  this  State  shall 
concur  therein),  then  so  much  of  this  oath,  and  so  much  only, 
as  refers  to  the  said  Reconstruction  Acts,  shall  not  be  required 
of  such  person,  so  pardoned,  to  entitle  him  to  be  registered. 

Sec.  4.  No  person  shall  be  eligible  to  any  office  of  profit  or 
trust,  or  to  any  office  in  the  militia  of  this  State,  who  is  not  a 
qualified  elector. 

Sec  5.  No  person  shall  be  eligible  to  any  office  of  profit  or 
trust,  civil  or  military,  in  this  State,  who,  as  a  member  of  the 
Legislature,  voted  for  the  call  of  the  Convention  that  passed 
the  Ordinance  of  Secession,  or  who,  as  a  delegate  to  any  Con- 
vention, voted  for  or  signed  any  ordinance  of  secession,  or  who 
gave  voluntary  aid,  countenance,  counsel  or  encouragement  to 
persons  engaged  in  armed  hostility  to  the  United  States,  or 
who  accepted  or  attempted  to  exercise  the  functions  of  any 
office,  civil  or  military,  under  any  authority  or  pretended  gov- 
ernment authority,  power,  or  Constitution,  within  the  United 
States,  hostile  or  inimical  thereto,  except  all  persons  who  aided 
reconstruction  by  voting  for  this  Convention,  or  who  have 
continuously  advocated  the  assembling  of  this  Convention,  and 
shall  continuously  and  in  good  faith  advocate  the  acts  of  the 
same;  but  the  Legislature  may  remove  such  disability;  Provid- 
ed, That  nothing  in  this  section,  except  voting  for  or  sign- 


733 


ing  the  Ordinance  of  Secession  shall  be  so  construed  as  to 
exclude  from  office  the  private  soldier  of  the  late  so-called 
Confederate  States  army.  ^ 

Sec.  6.  In  time  of  war,  insurrection  or  rebellion,  the  right 
to  vote  at  such  place,  and  in  such  manner  as  shall  be  pre- 
scribed by  law,  shall  be  enjoyed  by  all  persons  otherwise  enti- 
tled thereto,  who  may  be  in  the  actual  military  or  naval 
service  of  the  United  States  or  this  State;  Provided,  Said  votes 
be  nwide  to  apply  in  the  county  or  precint  wherein  they  reside. 

ARTICLE  VIII. 

SCHOOL  FUND,  EDUCATION  AND  SCIENCE. 

Section  1.  As  the  stability  of  a  Republican  form  of  govern- 
ment depends  mainly  upon  the  intelligence  and  virtue  of  the 
people,  it  shall  be  the  duty  of  the  Legislature  to  encourage,  by 
all  suitable  means,  the  promotion  of  intellectual,  scientific, 
moral  and  agricultural  improvement,  by  establishing  a  uniform 
sj^stem  ot  free  public  schools,  by  taxation  or  otherwise,  for  all 
children  between  the  ages  of  five  and  twenty-one  years,  and 
shall,  as  soon  as  practicable,  establish  schools  of  higher  grade. 

Sec.  2.  There  shall  be  a  Superintendent  of  Public  Education 
elected  at  the  same  time  and  in  the  same  manner  as  the  Gov- 
ernor, who  shall  have  the  qualification  of  the  Secretary  of  State, 
and  hold  his  office  for  four  years,  and  until  his  successor  shall 
be  elected  and  qualified,  whose  duties  shall  be  the  general  super- 
vision of  the  common  schools  and  the  educational  interests  of 
the  State,  and  who  shall  perform  such  other  duties  pertaining 
to  his  office,  and  receive  such  compensation  as  shall  be  pre- 
scribed by  law;  he  shall  report  to  the  Legislature,  for  its 
adoption,  within  twenty  days  after  the  opening  of  its  first  ses- 
sion under  this  Constitution,  a  uniform  system  of  free  public 
schools. 

Sec.  3.  There  shall  be  a  Board  of  Education,  consisting  of 
the  Secretary  of  State,  the  Attorney  General,  and  the  Superin- 
tendent of  Public  Education,  for  the  management  and  invest- 
ment of  the  school  funds,  under  the  general  direction  of  the 
Legislature,  and  to  perform  such  other  duties  as  may  be  pre- 
scribed by  law.  The  Superintendent  and  one  other  of  said 
board  shall  constitute  a  quorum. 

Sec.  4.  There  shall  be  a  Superintendent  of  Public  Education 
in  each  county,  who  shall  be  appointed  by  the  Board  of  Educa- 
tion, by  and  with  the  advice  and  consent  of  the  Senate,  whose 
term  of  office  shall  be  two  years,  and  whose  compensation  and 
duties  shall  be  prescribed  by  law;  Provided,  That  the  Legisla- 
ture shall  have  power  to  make  said  office  of  County  School 
Superintendent  of  the  several  counties  elective,  as  other  county 
officers  are. 

Sec.  5.  A  public  school  or  schools  shall  be  maintained  in 
each  school  district  at  least  four  months  in  each  year.  Any 
school  district  neglecting  to  maintain  such  school  or  schools 


734 


shall  be  deprived  for  that  year  of  its  proportion  of  the  income 
of  the  free  school  fund  and  of  all  funds  arising  from  taxes  for 
the  support  of  schools. 

Sec.  6.  There  shall  be  established  a  common  school  fund, 
which  shall  consist  of  the  proceeds  of  the  lands  now  belonging 
to  the  State,  heretofore  granted  by  the  United  States,  and  of 
the  lands  known  as  "  swamp  lands,"  except  the  swamp  lands 
lying  and  situated  on  Pearl  river,  in  the  counties  of  Hancock, 
Marion,  Lawrence,  Simpson,  and  Copiah,  and  of  all  lands  *now 
or  hereafter  vested  in  the  State  by  escheat,  or  purchase,  or 
forfeiture  for  taxes,  and  the  clear  proceeds  of  all  fines  col- 
lected in  the  several  counties  for  any  breach  of  the  penal  laws, 
and  all  moneys  received  for  licenses  granted  under  the  general 
laws  of  the  State,  for  the  sale  of  intoxicating  liquor,  or  keeping 
of  dram  shops;  all  moneys  paid  as  an  equivalent  for  persons 
exempt  from  military  duty,  and  the  funds  arising  from  the 
consolidation  of  the  Congressional  township  funds,  and  the 
lands  belonging  thereto,  together  with  all  moneys  donated 
to  the  State  for  school  purposes,  which  funds  shall  be 
securely  invested  in  United  States  bonds,  and  remain  a  per- 
petual fund,  which  ma}r  be  increased,  but  not  diminished,  the 
interest  of  which  shall  be  inviolably  appropriated  for  the 
support  of  free  schools. 

Sec.  7.  The  Legislature  may  levy  a  poll  tax  not  to  exceed 
two  dollars  a  head,  in  aid  of  the  school  fund,  and  for  no  other 
purpose. 

Sec.  8.  The  Legislature  shall,  as  soon  as  practicable,  provide 
for  the  establishment  of  an  Agricultural  College  or  Colleges, 
and  shall  appropriate  the  two  hundred  and  ten  thousand  acres 
of  land  donated  to  the  State  for  the  support  of  such  a  college 
by  the  act  of  Congress  passed  July  2,  A.  D.  1865,  or  the  money 
or  scrip,  as  the  case  may  be,  arising  from  the  sale  of  said  lands 
or  any  lands  which  may  hereafter  be  granted,  or  appropriated 
for  such  purpose. 

Sec.  9.  No  religious  sect  or  sects  shall  ever  control  any  part 
of  the  school  or  university  funds  of  this  State. 

kSec.  10.  The  Legislature  shall,  from  time  to  time,  as  may  be 
necessary,  provide  for  the  levy  and  collection  of  such  other 
taxes  as  may  be  required  to  properly  support  the  sj'stem  of 
free  schools  herein  adopted.  And  all  school  funds  shall  be 
divided  pro  rata  among  the  children  of  school  age. 

ARTICLE  IX. 

MILITIA. 

Section  1,  All  able  bodied  male  citizens  of  this  State,,  be- 
tween the  ages  of  eighteen  and  forty-five  }rears,  shall  be 
liable  to  military  duty  in  the  militia  of  this  State,  in  such 
manner  as  the  Legislature  shall  provide,  not  incompatible  with 
this  Constitution,  and  the  Constitution  and  laws  of  the  United 
States, 


Sec.  2.  The  Legislature  shall  provide  for  the  organizing,  arm- 
ing, equipping  and  discipline  of  the  militia,  and  for  paying  the 
same  when  called  into  active  service. 

Sec.  3.  It  shall  be  the  duty  of  the  first  Legislature  to  make 
such  laws  as  shall  be  necessary  to  immediately  create  an  effec- 
tive militia  in  this  State. 

Sec  4  Ail  officers  of  militia,  except  non-conrxissioned  offi- 
cers, shall  be  appointed  by  the  Governor,  by  and  with  the  con- 
sent of  the  Senate,  and  shall  be  chosen  for  their  military  knowl- 
edge, experience  in  arms,  andtheir  fidelity  and  loyalty;  and 
no  commissioned  officer  shall  be  removed  from  office  except 
by  the  Senate  on  recommendation  of  the  Governor,  stating  the 
grounds  on  which  such  removal  is  recommended,  or  by  the 
decision  of  a  court  martial,  pursuant  to  law,  or  at  his  own  re- 
quest. 

Sec  5.  The  Governor  shall  be  Commander-in-Chief  of  the 
militia,  except  when  it  is  called  into  the  service  of  the  United 
States,  and  shall  have  power  to  call  forth  the  militia  to  execute 
the  laws,  repel  invasion,  and  to  suppress  riots  and  insurrec- 
tions. 

Sec  6.  The  Governor  shall  nominate,  and  by  and  with  the 
consent  of  the  Senate,  commission  one  Major  General  for  the 
State,  who  shall  be  a  citizen  thereof,  and  also  one  Brigadier 
General  for  each  Congressional  District,  who  shall  be  a  resi- 
dent of  the  district  for  which  he  shall  be  appointed,  and  each 
district  shall  constitute  a  militia  division. 

Sec  7,  The  Adjutant  General,  and  other  staff  officers  to  the 
Commander-in-Chief,  shall  be  appointed  by  the  Governor,  and 
their  appointment  shall  expire  with  the  Governor's  term  of 
office. 

Sec  S.  The  militia  shall  be  exempt  from  arrest  during  their 
attendance  on  musters,  and.  in  going  to  and  returning  from  the 
same,  except  in  case  of  trsason.  felony,  or  breach  of  the  peace. 

ARTICLE  X. 

INTERNAL  IMPROVEMENTS- 

Section  1.  The  Legislature,  at  its  first  regular  session  after 
the  adoption  of  this  Constitution,  shall  provide  for  the  organi- 
zation of  a  Board  of  Public  Works,  prescribe  its  duties,  fix 
the  compensation  of  its  members,  and  all  officers  employed 
upon  public  works  in  this  State. 

ARTICLE  XL 

APPORTIONMENT. 

Section  1.  Until  the  first  enumeration  and  a  new  apportion- 
ment shall  be  made  as  provided  and  directed  in  this  Constitu- 
tion, the  apportionment  of  Senators  and  Representatives  among 
the  several  counties  and  districts  in  this  State  shall  be  as  fol- 
lows ; 


736 


1st.  The  county  of  Warren,  five  Representatives. 
2d.  The  counties  of  Hinds  and  Lowndes,  each,  four  Repre- 
sentatives. 

3d.  The  counties  of  Adams,  Carroll,  DeSoto,  Holmes,  Madi- 
son, Marshall,  Monroe,  Noxubee,  Washington,  and  Yazoo, 
each,  three  Representatives. 

4th.  Tbe  counties  of  Attala,  Chickasaw,  Choctaw,  Claiborne, 
Copiah,  Jefferson,  Lafayette,  Lauderdale,  Pontotoc,  Oktibbeha, 
Panola,  Tippah,  Wilkinson,  Yalobusha,  Tishomingo,  and  Ran- 
kin, each,  two  Representatives. 

5th.  The  counties  of  Amite,  Bolivar,  Calhoun,  Clarke,  Frank- 
lin, Issaquena,  Itawamba,  Jasper,  Kemper,  Lawrence,  Leake, 
Lee,  Pike,  Sunflower,  Scott,  Tallahatchie,  Winston,  Simpson, 
Coahoma,  Tunica,  Newton,  Neshoba,  Covington,  Smith,  Wayne, 
Davis,  Greene,  Jackson,  Hancock,  Marion,  Harrison,  and  Perry, 
each,  one  Representative. 

SECTION  2 — SENATE. 

1st.  The  counties  of  Hancock,  Harrison,  Jackson,  Marion, 
Greene,  and  Perry,  shall  form  the  First  District,  and  elect  one 
Senator. 

2d.  The  counties  of  Wilkinson  and  Amite,  the  Second  Dis- 
trict, and  one  Senator. 

3d.  The  counties  of  Pike,  Lawrence,  and  Covington,  the 
Third  District,  and  one  Senator. 

4th.  The  county  of  Adams,  the  Fourth  District,  and  one  Sen- 
ator. 

5th.  The  counties  of  Franklin,  and  Jefferson,  the  Fifth  Dis- 
trict, ane  one  Senator. 

6th.  The  counties  of  Claiborne  and  Copiah,  the  Sixth  Dis- 
trict, and  one  Senator. 

7th.  The  counties  of  Warren  and  Issaquena,  the  Seventh  Dis- 
trict, and  two  Senators. 

8th.  The  counties  of  Hinds,  Rankin,  and  Simpson,  the 
Eighth  District,  and  two  Senators. 

9th.  The  counties  of  Davis,  Jasper,  Clarke,  and  Wayne,  the 
Ninth  District,  and  one  Senator. 

10th.  The  counties  of  Lauderdale  and  Kemper,  the  Tenth 
District,  and  one  Senator. 

11th.  The  counties  of  Newton,  Smith,  and  Scott,  the  Elev- 
enth District,  and  one  Senator. 

12th.  The  county  of  Madison,  the  Twelfth  District,  and  one 
Senator. 

13th.  The  county  of  Yazoo,  the  Thirteenth  District,  and  one 
Senator. 

14th.  The  counties  of  Washington  and  Sunflower,  the  Four- 
teenth District,  and  one  Senator. 

15th.  The  county  of  Holmes,  the  Fifteenth  District,  and  one 
Senator. 

16th.  The  counties  of  Attala,  Leake,  and  Neshoba,  the  Six- 
teenth District,  and  one  Senator. 


737 


17th.  The  county  of  Noxubee,  the  Seventeenth  District,  and 
one  Senator. 

18th.  The  counties  of  Lowndes  and  Oktibbeha,  the  Eight- 
eenth District,  and  two  Senators. 

19th.  The  counties  of  Choctaw  and  Winston,  the  Nineteenth 
District,  and  one  Senator. 

20th.  The  county  of  Carroll,  the  Twentieth  District,  and  one 
Senator. 

21st.  The  counties  of  Calhoun  and  Yalobusha,  the  Twentv- 
first  District,  and  one  Senator. 

22d.  The  counties  of  Chickasaw  and  Monroe,  the  Twentv- 
second  District,  and  two  Senators. 

23d.  The  counties  of  Bolivar,  Coahoma,  and  Tunica,  the 
Twenty-third  District,  and  one  Senator. 

24th.  The  counties  of  Panola  and  Tallahatchie,  the  Twenty- 
fourth  District,  and  one  Senator. 

25th.  The  county  of  DeSoto,  the  Twenty-fifth  District,  and 
one  Senator. 

26th.  The  county  of  Marshall,  the  Twenty-sixth  District; 
and  one  Senator. 

27th.  The  counties  of  Lafayette  and  Pontotoc,  the  Twenty- 
seventh  District,  and  one  Senator. 

2Sth.  The  counties  of  Tishomingo  and  Itawamba,  the  Twentv- 
eighth  District,  and  one  Senator. 

29th.  The  counties  of  Tippah  and  Lee,  the  Twenty-ninth 
District,  and  one  Senator. 

ARTICLE  XII. 

GENERAL  PROVISIONS. 

Section  1.  The  political  year  of  the  State  of  Mississippi 
shall  commence  on  the  first  Monday  of  Januaiy  in  each  year, 
and  the  general  election  shall  be  holden  on  the  first  Tuesday 
succeeding  the  first  Monday  in  November,  biennially. 

Sec  2.  The  Legislature  shall  pass  laws  to  exclude  from  office, 
and  from  suffrage,  those  who  shall  hereafter  be  convicted  of 
bribery,  perjury,  forgery,  or  other  high  crimes  or  misde- 
meanors; and  every  person  shall  be  disqualified  from  holding 
any  office  or  place  of  honor,  profit  or  trust,  under  the  authority 
of  this  State,  who  shall  be  convicted  of  having  given  or  offered 
any  bribe  to  procure  his  election  or  appointment. 

Sec.  3.  No  person  who  denies  the  existence  of  a  Supreme 
Being  shall  hold  any  office  in  this  State. 

Sec.  4.  The  Legislature  shall  provide  by  law  for  the  indict- 
ment and  trial  of  persons  charged  with  the  commission  of  any 
felon}',  in  any  county  other  than  that  in  which  the  orfense  was 
committed,  whenever,  owing  to  prejudice,  or  any  other  cause, 
an  impartial  grand  or  petit  jury  cannot  be  empaneled  in  the 
county  in  which  the  offense  was  committed. 

Sec.  5.  The  credit  of  the  State  shall  not  be  pledged  or 
loaned  in  aid  of  any  person,  association,  or  corporation;  nor 
C— 47 


738 


shall  the  State,  hereafter,  become  a  stockholder  in  any  corpora- 
tion or  association. 

Sec.  6.  The  term  of  office  of  all  county,  township,  and  pre- 
cinct officers  shall  expire  within  thirty  days  after  this  Constitu- 
tion shall  have  been  ratified,  and  the  Governor  shall,  by  and 
vvith  the  advice  and  consent  of  the  Senate,  thereafter  appoint 
•such  officers,  whose  term  of  office  shall  continue  until  the  Legis- 
lature shall  provide,  by  law,  for  an  election  of  said  officers; 
Provided,  The  present  incumbents  of  all  county,  township, 
district,  and  beat  officers  shall  hold  their  respective  offices  until 
their  successors  are  legally  appointed  or  elected,  and  duly 
qualified. 

Sec.  7.  In  all  cases,  not  otherwise  provided  for  in  this  Con- 
stitution, the  Legislature  may  determine  the  mode  of  filling  all 
vacancies  in  all  offices,  and  shall  define  their  respective  powers, 
and  provide  suitable  compensation  for  all  officers. 

Sec.  8.  The  Legislature,  at  its  first  session,  shall  provide  by 
law  for  the  sale  of  all  delinquent  tax  lands.  The  courts  shall 
apply  the  same  liberal  principles  in  favor  of  such  titles  as  in 
sale  by  execution. 

Sec  9.  No  laws  of  a  general  feature,  unless  otherwise  pro- 
vided for,  shall  be  enforced  until  sixty  clays  after  the  passage 
thereof. 

Sec.  10.  It  shall  be  the  duty  of  the  Legislature  to  regulate 
by  law,  the  cases  in  which  deduction  shall  be  made  from  sala- 
ries of  public  officers,  for  neglect  of  duty  in  their  official 
capacity,  and  the  amount  of  said  deduction. 

Sec.  11.  The  Legislature,  at  its  first  session  under  this  Con- 
stitution, shall  have  authority  to  designate  by  law,  such  loyal 
paper,  or  papers,  in  each  Circuit  Court  District,  as  shall  publish 
all  legal  advertising,  and  such  official  printing  as  shall  be  re- 
quired by  law,  in  such  Circuit  Court  District,  and  fix  the  com- 
pensation therefor. 

Sec  12.  No  corporate  body  shall,  hereafter,  be  created,  re- 
newed, or  extended,  with  the  privilege  of  making,  issuing,  or 
putting  in  circulation,  any  notes,  bills,  or  other  paper,  or  the 
paper  of  any  other  bank,  to  circulate  as  money;  and  the  Legis- 
lature shall  prohibit  by  law,  individuals  or  corporations  from 
issuing  bills,  checks,  tickets,  promissory  notes,  or  other  papers, 
as  money.  But  nothing  herein  contained  shall  be  construed  as 
preventing  corporations  or  associations  from  forming  for  such 
purposes,  under  the  acts  of  Congress  for  a  National  system  of 
Banking. 

Sec.  13,  The  property  of  all  corporations  for  pecuniary 
profits,  shall  be  subject  to  taxation,  the  same  as  that  of  indi- 
viduals. 

Sec  14.  The  Legislature  shall  not  authorize  any  county, 
city,  or  town,  to  become  a  stockholder  in,  or  to  loan  its  credit 
to  any  compan3T,  association,  or  corporation,  unless  two-thirds 
of  the  qualified  voters  of  such  county,  city,  or  town,  at  a 
special  election,  or  regular  election,  to'  be  held  therein,  shall 
assent  thereto. 


739 


Sec.  15.  The  Legislature  shall  never  authorize  any  lottery, 
nor  shall  the  sale  of  lottery  tickets  be  allowed,  nor  shall  any 
lottery  heretofore  authorized,  be  permitted  to  be  drawn,  or 
tickets  therein  to  be  sold. 

Sec.  16.  Xo  county  shall  be  denied  the  right  to  raise,  by 
special  tax.  money  sufficient  to  pay  for  the  building  and  repai* 
ing  of  court-houses,  jails,  bridges,  and  other  necessary  con- 
veniences for  the  people  of  the  county;  and  money  thus  col- 
lected shall  never  be  appropriated  for  any  other  purposes; 
Provided,  The  tax  thus  levied  shall  be  a  certain  per  cent,  on 
all  tax  levied  by  the  State. 

Sec.  17.  Liabilities  of  banks,  associations,  and  other  corpo- 
rations, shall  be  secured  by  legislative  enactments;  but  in  all 
cases,  no  stockholder  shall  be  individually  liable  over  and  above 
the  stock  by  him  or  her  owned,  unless  so  specified  in  the  ar:i- 
cles  of  association  or  act  of  incorporation. 

Sec.  18.  All  lands  sold  in  pursuance  of  decree  of  courts  or 
execution,  shall  be  divided  into  tracts  not  to  exceed  one  hun- 
dred and  sixty  acres. 

Sec.  19.  Returns  of  all  elections  by  the  people  shall  be  made 
to  the  Secretary  of  State  in  such  manner  as  may  be  prescribed 
by  law. 

Sec.  20.  Taxation  shall  be  equal  and  uniform  throughout  the 
State.  All  property  shall  be  taxed  in  proportion  to  its  value, 
to  be  ascertained  as  directed  bylaw. 

Sec.  21.  The  State  of  Mississippi  shall  never  assume  nor  pay 
any  debt  or  obligation  contracted  in  aid  of  the  rebellion,  nor 
shall  this  State  ever  in  any  manner  claim  from  the  United 
States,  or  make  any  allowance  or  compensation  for  slaves 
emancipated  or  liberated  in  any  way  whatever  since  the  9th 
day  of  January,  1861. 

Sec.  22.  All  persons  who  have  not  been  married,  but  are  now 
living  together,  cohabiting  as  husband  and  wife,  shall  be  taken 
and  held  for  all  purposes  in  law.  as  married,  and  their  children, 
whether  born  before  or  after  the  ratification  of  this  Constitu- 
tion, shall  be  legitimate,  and  the  Legislature  may  by  law,  pun- 
ish adultery  and  concubinage. 

Sec.  23.  There  shall  be  a  Commissioner  of  Immigration  and 
Agriculture,  who  shall  be  elected  by  the  Legislature  on  joint 
ballot,  who  shall  hold  his  office  for  the  term  of  four  years, 
unless  sooner  removed  by  law. 

Sec.  24.  The  next  Legislature  shall  have  power  to  repeal 
statutes  of  limitation,  pass  relief,  stay,  injunction,  insolvent, 
and  homestead  laws,  and  to  pass  any  and  every  act  deemed 
necessary  for  the  relief  of  debtors,  subject  only  to  the  restric- 
tions imposed  by  the  Constitution  of  the  United  States. 

Sec.  25.  Representatives  in  Congress  to  fill  the  existing 
vacancies  shall  be  elected  at  the  same  time  this  Constitution  is 
submitted  to  the  electors  of  the  State  for  ratification,  and  for 
the  full  term  next  succeeding  their  election :  and  thereafter 
the  elections  for  Representatives  in  Congress  shall  be  held 
biennially.  The  first  election  shall  be  held  on  the  first  Tuesday 


740 


after  the  first  Monday  in  November  preceding  the  expiration 
of  said  full  term. 

Sec.  26.  Members  of  the  Legislature,  and  all  other  officers 
elected  or  appointed  to  any  office  in  this  State  shall,  before 
entering  upon  the  discharge  of  the  duties  thereof,  take  and 
•subscribe  to  the  following 

OATH  OF  OFFICE. 

"  I,   — — ,  do  solemnly  swear  (or  affirm)  that  I  will  faith- 
fully support  and  true  allegiance  bear  the  Constitution  of  the 
United  States  and  the  State  of  Mississippi,  and  obey  the  laws 
thereof;  that  I  am  not  disqualified  from  holding  office  by  the 
Constitution  of  the  United  States,  or  the  State  of  Mississippi; 
that  I  have  never,  as  a  member  of  any  Convention,  voted  for 
or  signed  any  ordinance  of  secession;  that  I  have  never,  as  a 
member  of  any  State  Legislature,  voted  for  the  call  of  any 
Convention  that  passed  any  such  ordinance  ;  that  I  will  faith- 
fully discharge  the  duties  of4  the  office  upon  which  I  am  about 
to  enter;  so  help  me  God." 

Sec.  27.  It  shall  be  the  duty  of  the  Legislature  to  provide  by 
law  for  the  support  of  institutions  for  the  education  of  the 
deaf,  dumb  and  blind ;  and,  also,  for  the  treatment  and  care  of 
the  insane. 

Sec.  28.  The  Legislature  shall  provide  houses  of  refuge  for 
the  correction  and  reformation  of  juvenile  offenders. 

Sec  29.  The  county  boards  shall  have  power  to  provide 
farms  and  an  asylum  for  those  persons  who,  by  reason  of  age, 
infirmity,  or  other  misfortune,  may  have  claims  upon  the  sym- 
pathy and  aid  of  society. 

ARTICLE  XIII. 
ORDINANCE  AND  SCHEDULE. 

MODE  of  revising  the  constitution. 

Whenever  two-thirds  of  each  branch  of  the  Legislature  shall 
deem  any  change,  alteration,  or  amendment  necessary  to  this 
Constitution,  such  proposed  change,  alteration,  or  amendment 
shall  be  read  and  passed  by  a  two-thirds  vote  of  each 
house  respectively  on  each  day  for  three  several  clays;  public 
notice  shall  then  be  given  by  the  Secretary  of  State  at  least 
three  months  preceding  the  next  general  election,  at  which  the 
qualified  electors  shall  vote  directly  for  or  against  such  change, 
alteration,  or  amendment ;  and  if  more  than  one  amendment 
shall  be  submitted  at  one  time,  they  shall  be  submitted  in 
such  manner  and  form  that  the  people  may  vote  for  or  against 
each  amendment  separately;  and  if  it  shall  appear  that  a  ma- 
jority of  the  qualified  electors  voting  for  members  of  the  Leg- 
islature, shall  have  voted  for  the  proposed  change,  alteration, 
or  amendment,  then  it  shall  be  inserted  by  the  next  succeeding 


741 


Legislature  as  a  part  of  this  Constitution,  and  not  otherwise; 
Provided,  That  no  amendment  which  may  be  made  prior  to 
the  year  one  thousand  eight  hundred  and  eighty-five,  shall  in 
any  manner  affect  the  eighteenth  section  of  the  Bill  of  Rights, 

SCHEDULE. 

Section  1.  The  Ordinance  of  Secession  of  the  State  of  Mis- 
sissippi, passed  January  9,  1861,  is  hereby  declared  to  be  null 
and  void.  The  present,  and  all  previous  Constitutions  of  the 
State  of  Mississippi,  are  hereb}^  declared  to  be  repealed  and 
annulled  by  this  Constitution. 

Sec.  2.  All  laws  now  in  force  in  this  State,  not  enacted  in 
furtherance  of  secession  and  rebellion,  and  not  repugnant  to 
this  Constitution,  shall  continue  in  operation  until  they  shall 
expire  by  their  own  limitation,  or  be  altered  or  repealed  by  the. 
Legislature,  except  the  hereinafter  mentioned  laws,  to-wit: 

"  An  act  to  change  the  name  of  the  county  of  Jones,  and 
for  other  purposes,"  approved  December  1,  A.  D.  1865. 

"  An  act  to  establish  a  ferry  across  the  Mississippi  river,  at 
Vicksburg,"  approved  November  29,  A.  D.  1865. 

"  An  act  to  provide  for  the  removal  and  location  of  the  seat 
of  justice  of  Scott  county,"  approved  November  8,  A.  D.  1865. 

"  An  act  supplemental  to  an  act  entitled  an  act  to  provide 
for  the  removal  and  location  of  the  seat  of  justice  of  Scott 
county,  approved  November  8,  1865,"  approved  December  1, 
1865. 

Sec.  3.  The  Legislature  shall  provide  for  the  removal  of 
causes  now  pending  in  the  Courts  of  this  State,  to  Courts  cre- 
ated by  or  under  this  Constitution. 

ORDINANCE, 

Sec  4.  Immediately  upon  the  adjournment  of  this  Conven- 
tion, this  Constitution  shall  be  submitted  for  ratification  to 
the  registered  voters  of  the  State,  in  conformity  with  the  act 
of  Congress  passed  March  2,  1867,  entitled  "An  Act  to  provide 
for  the  more  efficient  government  of  the  rebel  States,"  and  the 
acts  supplementary  thereto. 

Sec.  5.  The  election  for  the  ratification  of  this  Constitution 
shall  commence  on  the  22d  day  of  June,  A.  D.  1868,  and  be 
held  at  such  places,  and  shall  continue  such  time  as  the  Com- 
manding General  of  the  Fourth  Military  District  may  direct, 
and  the  polls  shall  be  kept  open  from  8  o'clock  a.  m.,  until 
7  o'clock  p.  m.,  each  day.  At  said  election  all  those  in  favor 
of  ratifying  the  Constitution  shall  have  written  or  printed  on 
their  ballots,  the  words,  "  For  Constitution ;"  and  those  opposed 
to  the  ratification  of  the  same,  shall  have  written  or  printed  on 
their  ballots,  the  words,  "Against  Constitution;"  but  no  per- 
son shall  vote  for  or  against  this  Constitution  on  a  separate 
ballot  from  that  cast  by  him  for  officers  to  be  elected  at  said 
election  under  this  constitution. 


742 


Sec.  6.  In  order  to  establish  a  civil  government  as  required 
by  the  act  of  Congress,  approved  March  2,  1867,  and  the  acts 
supplementary  thereto,  an  election  shall  be  held  at  the  same 
time  and  place,  at  which  the  Constitution  is  submitted  for  rat- 
ification, for  all  State  officers,  including  members  of  the  Legis- 
lature, and  for  Representatives  in  Congress,  at  which  election 
the  electors  who  are  qualified  under  the  reconstruction  acts  of 
Congress  shall  vote,  and  none  other. 

Sec.  7.  The  Committee  of  Five  appointed  under  the  author- 
ity of  this  Convention,  shall  appoint  three  Commissioners  of 
Election  for  each  county,  whose  duty  it  shall  be  to  attend  the 
election  for  the  ratification  or  rejection  of  the  Constitution; 
who  shall  also,  at  the  same  time  and  place,  attend  the  elec- 
tion for  all  officers  and  representatives  herein  ordered,  and 
be  present  at  the  counting  of  the  votes,  and  forward  the  result 
of  the  same  to  the  chairman  of  said  committee  within  three 
days  thereafter. 

Sec.  8.  The  Legislature  elected  under  this  Constitution  shall 
hold  its  first  session  in  the  Capitol,  in  the  city  of  Jackson,  on 
the  second  Monday  after  the  official  promulgation  of  the  rati- 
fication of  this  Constitution,  and  shall  proceed  immediately 
upon  its  organization  to  vote  upon  the  adoption  of  the  four- 
teenth amendment  of  the  Constitution  of  the  United  States, 
proposed  by  Congress,  and  passed  June  13,  1866.  Said  Leg- 
islature shall  not  have  power  to  enact  any  laws  relative  to  the 
per  diem  of  members,  nor  on  any  other  subject,  after  organi- 
zation, until  said  constitutional  amendment  shall  have  been 
adopted. 

Sec  9.  The  first  term  of  all  civil  officers,  elected  at  the 
same  time  this  Constitution  is  submitted  for  ratification  or  rejec- 
tion, shall  commence  on  the  second  Monday  after  their  election 
shall  have  been  officially  promulgated,  and  shall  continue  to 
hold  from  said  time  until  the  expiration  of  the  first  full  term 
succeeding  said  election. 

Sec.  10.  The  Commissioners  of  Election  herein  provided  for, 
shall  receive  the  same  compensation  per  clay,  while  in  attend- 
ance upon  elections,  and  allowances  for  transportation  (when 
actual  disbursements  have  been  made),  as  Registrars,  and  shall 
be  paid  out  of  any  funds  in  the  State  Treasury  to  the  credit  of 
the  Convention  fund,  upon  the  certificate  of  the  Chairman  of 
said  Committee  of  Five. 

Sec.  11.  The  Committee  of  Five  appointed  by  this  Conven- 
tion are  hereby  authorized  and  empowered  to  adjust  all  out- 
standing accounts  against  the  same,  and  certify  to  their  cor- 
rectness, and  the  Auditor  of  Public  Accounts  shall  issue  his 
warrants  in  payment  thereof. 

Sec  12.  When  this  Convention  adjourns,  it  shall  be  subject 
to  the  call  of  the  Committee  of  Five  appointed  thereby;  Pro- 
vided, That  should  the  Constitution  be  ratified,  this  Con- 
vention shall  thereafter  be  deemed  adjourned  sine  die.  But  in 
case  the  Constitution  should  not  be  ratified,  then  the  Conven- 
tion may  be  reconvened  by  said  Committee. 


743 


Sec.  13.  Said  committee  shall  have  authority  to  employ  a 
Clerk,  and  to  enforce  the  collection  of  the  taxes  levied  by  the 
several  ordinances  of  this  Convention,  and  to  perform  any  and 
all  duties  appertaining  to  the  same. 

Sec.  14.  The  members  of  the  Committee  of  Five  appointed 
by  this  Convention,  and  the  clerk  thereof,  shall  receive  the 
same  compensation  as  the  members  of  this  Convention. 

Sec  15.  If  any  candidate  receiving  the  highest  number  of 
votes  cast,  cannot  take  the  oath  of  office  prescribed  in  this 
Constitution,  then  and  in  that  case  the  candidate  receiving  the 
next  highest  vote  shall  be  entitled  to  enter  upon  and  perform 
the  duties  of  the  office,  upon  taking  and  subscribing  to  said 
oath. 

13.  B.  EGGLESTON, 

President,  and  Delegate  from  Lowndes  county. 
A.  ALDERSON,  of  Jefferson  county. 
ROBT.  J.  ALCORN,  of  Yalobusha  county. 
HORATIO  N.  BALLARD,  of  DeSoto  county. 
H.  W.  BARRY,  of  Holmes  county. 
CHAS.  W.  BEAM,  of  Franklin  county. 
PERES  BONNEY,  of  Pike  county. 
N.  B.  BRIDGES,  of  Choctaw  county. 
JNO.  C.  BRINSON,  of  Rankin  county. 
C.  CALDWELL,  of  Hinds  county. 
EDWARD  J.  CASTELLO,  of  Adams  county. 
CARLOS  CHAPMAN,  of  Covington  county. 
N.  J.  CHAPPELL,  of  Noxubee  county. 
CHAS.  W.  CLARKE,  of  Yazoo  county. 
S.  C.  CONLEY,  of  Attala  county. 
W.  T.  COMBASH,  of  Washington  county. 
W.  BEN.  CUNNINGHAM,  of  Madison  county, 
A.  S.  DOWD,  of  Coahoma  county. 
AMOS  DRANE,  of  Madison  county. 
JOHN  ELLIOTT,  of  Itawamba  county. 
JAMES  ELLIOTT,  of  Monroe  county. 
JOHN  FAWN,  of  Washington  county. 
CHARLES  W.  FITZHUGH,  of  Wilkinson  county. 
W.  H.  GIBBS,  of  Wilkinson  county. 
EMANUEL  HANDY,  of  Copiah  county. 
JERE  HA  USER,  of  Kemper  county. 
JAMES  LEWELLEN  HERBERT,  of  Monroe  county. 
€r.  H.  HOLLAND,  of  Choctaw  county. 
A.  R.  HOWE,  of  Panola  county. 
W.  A.  HUTTO,  of  Neshoba  county. 
HENRY  P.  JACOBS,  of  Adams  county. 
A.  J.  JAMISON,  of  Chickasaw  county. 
A.  JOHNSON,  of  Warren  county. 
J.  H.  KERR,  of  Calhoun  county. 
M.  H,  LACK,  of  Scott  county. 
W.  LAWSON,  of  Lawrence  county. 
BENJ.  LEAS,  of  Warren  county." 


744 


WILLIAM  LEONARD,  of  Yazoo  county. 

HENRY  MAYSON,  of  Hinds  county. 

H.  MASK,  of  Tishomingo  county. 

H.  MUSGROVE,  of  Clarke  county. 

J.  AARON  MOORE,  of  Lauderdale  count}', 

A.  T.  MORGAN,  of  Yazoo  county. 

CYRUS  MYERS,  of  Rankin  county. 

A  MYGATT,  of  Warren  county. 

GEO.  C.  McKEE,  of  Warren  county. 

W.  V.  McKNIGHT,  of  Jasper  county. 

M.  T.  NEWSOM,  of  Claiborne  county. 

W.  D.  NESBITT,  of  DeSoto  county. 

JASON  NILES,  of  Attala  county. 

U.  OZANNE,  of  Panola  county. 

FRED.  PARSONS,  of  Adams  county. 

J.  R.  PARSONS,  of  Hinds  county. 

E.  A,  PEYTON,  of  Hinds  county. 

S.  H.  POWELL,  of  Noxubee  county. 

D.  N.  QUINN,  of  Sunflower  county. 
JEHIEL  RAILSBACK,  of  Bolivar  county. 
JARED  RICHARDSON,  of  Winston  county, 
ISHAM  STEWART,  of  Noxubee  county. 
DOCTOR  STITES,  of  Washington  county. 
GEO.  STOVALL,  of  Carroll  county. 
THOMAS  W.  STRINGER,  of  Warren  county 
EDWARD  H.  STILES,  of  Claiborne  county. 

E.  R.  SMITH,  of  Chickasaw  county. 
H,  P.  TOY,  of  Issaquena  county. 
HENRY  W.  WARREN,  of  Leake  county. 
JAMES  WEIR,  of  Oktibbeha  county. 

D.  McA.  WILLIAMS,  of  Holmes  county. 
J.  B.  WOODMANSEE,  of  Monroe  county, 
WM.  YEOMAN,  of  Wayne  county.. 

Attest : 

Thad.  P.  Sears, 

Secretary* 


APPENDIX. 


AN  ORDINANCE 

To  Regulate  the  Election  for  the  Ratification  of  the  Constitu- 
tion, and  for  other  purposes,  passed  by  the  Mississippi  Con- 
stitutional Convention,  May  loth,  A.  I).  1868. 

Sec.  1.  Immediately  upon  the  adjournment  of  this  Conven- 
tion, this  Constitution  shall  be  submitted  for  ratification  to  the 
registered  voters  of  the  Sta.e.  in  conformity  with  the  Act  of 
Congress,  passed  March  2.  1867.  entitled  '-an  Act  to  provide 
for  the  more  efficient  government  of  the  rebel  States."  and  the 
Acts  supplementary  thereto. 

Sec.  2.  The  election  for  the  ratification  of  this  Constitution 
shall  commence  on  the  22d  day  of  June  A.  D.  1868,  and  be 
held  at  such  places,  and  shall  continue  such  time  as  the  Com- 
manding General  of  the  Fourth  Military  District  may  direct, 
and  the  polls  shall  be  kept  open  from  eight  o'clock  a.  at.,  until 
seven  o'clock  p.  m.,  each  day.  At  said  election  all  those  in  favor 
of  ratifying  the  Constitution  shall  have  written  or  printed  on 
their  ballots,  the  words.  "For  Constitution."  and  those  opposed 
to  the  ratification  of  the  same,  shall  have  written  or  printed  on 
their  ballots,  the  words.  -Against  Constitution:"  but  no  person 
shall  vote  for  or  against  this  Constitution  on  a  separate  ballot 
from  that  cast  by  him  for  officers  to  be  elected  at  said  ejection 
under  this  Constitution. 

Sec.  3.  In  order  to  establish  a  civil  government  as  required 
by  the  Act  of  Congress,  approved  March  2.  1867,  and  the  Acts 
supplementary  thereto,  an  election  shall  be  held  at  the  same 
time  and  place  at  which  the  Constitution  is  submitted  for  rati- 
fication, for  all  State  officers,  including  members  of  the  Legis- 
lature, and  for  Representatives  in  Congress,  at  wnich  election 
the  electors  wh:>  are  qualified  under  the  Reconstruction  Acts 
of  Congress  shall  vote,  and  none  other. 

Sec.  4.  The  committee  of  five  appointed  under  the  authority 
of  this  Convention,  shall  appoint  three  Commissioners  of  Elec- 
tion for  each  county,  whose  duty  it  shall  be  to  attend  the  elec- 
tion for  the  ratification  or  rejection  of  the  Constitution,  who 
shall  also,  at  the  same  time  and  place,  attend  to  the  election 
for  all  officers  and  representatives  herein  ordered,  and  be  pres- 


746 


emt  at  the  counting  of  the  votes,  and  forward  the  result  of 
the  same  to  the  chairman  of  said  committee  within  three 
days  thereafter. 

Sec.  5.  The  Legislature  elected  under  this  Constitution  shall 
hold  its  first  session  in  the  Capitol,  in  the  city  of  Jackson,  on 
the  second  Monday  after  the  official  promulgation  of  the  ratifi- 
cation of  this  Constitution,  and  shall  proceed,  immediately 
upon  its  organization,  to  vote  upon  the  adoption  of  the  four- 
teenth amendment  of  the  Constitution  of  the  United  States, 
'proposed  by  Congress,  and  passed  June  13,  1866.  Said  Legis- 
lature shall  not  have  power  to  ena^ct  any  laws  relative  to  the 
per  diem  of  members,  nor  on  any  other  subject,  after  organiza- 
tion, until  said  Constitutional  amendment  shall  have  been 
adopted. 

Sec.  6.  The  first  term  of  all  civil  officers  elected  at  the  same 
time  this  Constitution  is  submitted  for  ratification  or  rejection, 
shall  commence  on  the  second  Monday  after  their  election  shall 
have  been  officially  promulgated,  and  shall  continue  to  hold 
from  said  time  until  the  expiration  of  the  first  full  term  succeed- 
ing said  election. 

Sec.  7.  The  Commissioners  of  Election  herein  provided  for 
shall  receive  the  same  compensation  per  day,  while  in  attend- 
ance upon  elections,  and  allowances  for  transportation  (when 
actual  disbursements  have  been  made),  as  Registrars,  and  shall 
be  paid  out  of  any  funds  in  the  State  Treasury  to  the  credit  of 
the  Convention  fund,  upon  the  certificate  of  the  chairman  of 
said  committee  of  Five. 

Sec.  8.  The  committee  of  Five  appointed  by  this  Conve  n- 
tion  is  hereby  authorized  and  empowered  to  adjust  all  out- 
standing accounts  against  the  same,  and  certify  to  their  cor- 
rectness, and  the  Auditor  of  Public  Accounts  shall  issue  his 
warrant  in  payment  thereof. 

Sec.  9.  When  this  Convention  adjourns  it  shall  be  subject 
to  the  call  of  the  committee  of  five  appointed  by  this  Conven- 
tion; Provided,  That  should  the  Constitution  be  ratified,  this 
Convention  shall  thereafter  be  deemed  adjourned  sine  die  ;  but 
in  case.the  Constitution  should  not  be  ratified,  then  the  Con- 
vention may  be  reconvened  by  said  committee. 

Sec.  10.  Said  committee  shall  have  authority  to  employ  a 
clerk  and  to  enforce  the  collection  of  the  taxes  levied  by  the  sev- 
eral ordinances  of  this  Convention,  and  to  perform  any  and  all 
duties  appertaining  to  the  same. 

Sec.  11.  The  members  of  the  committee  of  Five,  appointed  by 
this  Convention,  and  the  clerk  thereof,  shall  receive  the  same 
compensation  as  the  members  of  the  Convention. 

Sec.  12.  If  any  candidate  receiving  the  highest  number  of 
votes  cast,  cannot  take  the  oath  of  office  prescribed  in  this 
Constitution,  then,  and  in  that  case,  the  candidate  receiving  the 
next  highest  vote  shall  be  entitled  to  enter  upon  and  perform 
the  duties  of  the  office  upon  taking  and  subscribing  to  said, 
oath. 


747 


MILITARY  ORDER 

Convening  the  Constitutional  Convention,  in  Pursuance  of  the 
Reconstruction  Acts  of  Congress,  passed  March  23d,  1867. 

Headquarteks  Fourth  Military  District, 
(Mississippi  and  Arkansas),  1 
Office  of  civil  Affairs,  f 
Solly  Springs,  Miss.,  Dec.  16th,  1867.  J 

General  Orders) 
No.    42.  f 

I.  At  the  election  recently  held  in  the  State  of  Mississippi, 
to  determine  whether  a  Convention  should  be  called  "  for  the 
purpose  of  establishing  a  Constitution  and  Civil  Government 
for  the  State,  loyal  to  the  Union,"  and  for  delegates  thereto. 
seventy -six  thousand  and  sixteen  (76,016)  votes  were  cast  upon 
the  question  of  holding  such  Convention,  of  which  number 
sixty -nine  thousand  seven  hundred  and  thirty-nine  (69,739) 
votes  were  cast  ;i  For  a  Convention,"  and  six  thousand  two 
hundred  and  seventy-seven  (6,277)  votes  were  cast  "Against  a 
Convention."  The  total  number  of  registered  voters  in  the 
State  is  one  hundred  and  thirty-nine  thousand  three  hundred, 
and  twenty-seven,  (139,327).  The  number  of  votes  cast  on  the 
question  of  Convention  being  in  excess  of  the  number  required 
by  the  Act  of  Congress  approved  March  23d,  1867,  and  a  ma- 
jority of  those  votes  having  been  cast  "  For  a  Convention,"  the 
Convention  will  be  held,  and  will  assemble  as  heretofore  directed 
in  General  Orders  No.  37,  current  series,  from  these  Headquar- 
ters, dated  December  5th,  1867. 

II.  The  following  delegates  were  duly  elected  to  the  Con- 
vention, according  to  the  returns  of  the  officers  who  conducted 
said  election,  and  are  hereby  notified  to  meet  in  Convention,  as 
directed  in  the  above  mentioned  General  Orders  No.  37,  cur- 
rent series,  from  these  Headquarters: 

From  Adams  county,  three  delegates — Edward  J.  Castello, 
Henry  P.  Jacobs,  Frederick  Parsons. 

From  Amite  county,  one  delegate — Charles  P.  Neilson. 

From  Attala  county,  two  delegates — Jason  Niles,  S.  C. 
Conley. 

From  Bolivar  county,  one  delegate — Jehiel  Railsback. 

From  Calhoun  county,  one  delegate — J.  H.  Kerr. 

From  Carroll  county,,  three  delegates — George  StovalL 
Stephen  Johnson,  Wm.  L.  Hemmingwa}\ 

From  Chickasaw  county,  two  delegates — A.  J.  Jamison,  E. 
R.  Smith. 

From  Coahoma  county,  one  delegate — A.  S.  Dowd. 

From  Choctaw  and  Oktibbeha  counties,  three  delegates — 
Nicholas  B.  Bridges,  James  Weir,  George  H.  Holland. 

From  Claiborne  county,  two  delegates — Mathew  T.  Newsom, 
Edward  H.  Stiles. 

From  Clarke  county,  one  delegate — H.  Musgrove. 


748 


From  Covington  and  Simpson  counties,  one  delegate — Carlos 
Chapman. 

From  Copiah  county,  two  delegates — E.  G.  Peyton,  Emanuel 
Handy. 

From  Davis  and  Smith  counties,  one  delegate — V.  A.  Collins. 

From  DeSoto  county,  three  delegates — Horatio  N.  Ballard, 
Win.  B.  Gray,  Wm.  D.  Nesbitt. 

From  Franklin  county,  one  delegate — C.  W.  Beam. 

From  Greene,  Perry,  and  Jackson  counties,  one  delegate — 
John  Moody. 

From  Hancock  and  Marion  counties,  one  delegate — Alanson 
Goss. 

From  Harrison  county  (election  invalid — new  election  or- 
dered). 

From  Hinds  county,  four  delegates — Henry  Mayson,  E.  A. 
Peyton,  Charles  Caldwell,  John  R.  Parsons. 

From  Holmes  county,  two  delegates — H.  W.  Barry,  D.  McA. 
Williams. 

From  Holmes  and  Madison  counties,  delegate  at  large — R. 
H.  Montgomery. 

From  Issaquena  county,  one  delegate — Henry  P.  Toy. 

From  Itawamba  count}^,  one  delegate — John  Elliott. 

From  Jasper  county,  one  delegate — Wm.  McKnight. 

From  Jefferson  county,  two  delegates — A.  Alderson,  O.  S. 
Miles. 

From  Kemper  county,  one  delegate — Jere  Hauser. 
From  Lafayette  county,  two  delegates — W.  G.  Vaughan,  P. 
H.  McCutchen. 

From  Lee  county,  two  delegates— W.  W.  Gaither,  D.  T. 
Walker. 

From  Lauderdale  county,  two  delegates — R.  C.  Merryman, 
J.  Aaron  Moore. 

From  Lawrence  county,  one  delegate — Wesley  Lawson. 

From  Leake  county,  one  delegate — Henry  W.  Warren. 

From  Lowndes  county,  four  delegates — B.  B.  Eggleston, 
Joseph  W.  Field,  Isham  G.  Rainey,  Geo.  Van  Hook. 

From  Madison  county,  two  delegates — W.  Ben.  Cunningham, 
Amos  Drane. 

From  Marshall  county,  three  delegates — John  W.  C.  Watson, 
Wm.  M.  Compton,  Charles  H.  Townsend. 

From  Monroe  county,  three  delegates — J.  B.  Woodmansee, 
James  L.  Herbert,  James  Elliott. 

From  Neshoba  county,  one  delegate — Wm.  A.  Hutto. 

From  Newton  county,  one  delegate — J.  E.  Longmire. 

From  Noxubee  county,  three  delegates — S.  H.  Powell,  Isham 
Stewart,  N.  J.  Chappell. 

From  Panola  county,  two  delegates — A.  R.  Howe,  U.  Ozanne. 

From  Pike  county,  one  delegate — Peres  Bonney. 

From  Pontotoc  county,  one  delegate — Thomas  W.  Jones. 

From  Rankin  county,  two  delegates — Cyrus  Myers,  John  C. 
Br  in  son. 

From  Scott  county,  one  delegate — Moses  H.  Lack. 


749 


From  Sunflower  county,  one  delegate— David  N.  Quinn. 
From  Tallahatchie  county,  one  delegate- — S.  C.  Barnes. 
From  Tunica  county,  one  delegate — John  M.  Phillips. 
From  Tippah  county,  two  delegates — Wm,  Nelins,  W.  T. 
Stricklin. 

From  Tishomingo  county,  two  delegates — H.  Mask,  Terry 
Dalton. 

From  Warren  county,  five  delegates— A.  Mygatt,  G.  C.  Mc- 
Kee,  B.  Leasr  T.  W.  Stringer,  A.  Johnson. 

From  Washington  count}-,  three  delegates— John  Fawn, 
Doctor  Stites,  Wm.  T.  Combash. 

From  Wayne  county,  one  delegate — William  Yeoman. 

From  Wilkinson  county,  two  delegates — William  H.  Gibbs, 
Charles  W.  Fitzhugh. 

From  Winston  county,  one  delegate — Jared  Richardson. 

From  Yalobusha  county,  two  delegates — Robert  J.  Alcorn, 
W.  J.  Lilley. 

From  Yazoo  county,  three  delegates — Charles  W.  Clarke, 
William  Leonard,  A.  T.  Morgan. 

Each  delegate  elect  will  be  furnished  from  these  Headquarters 
with  an  official  copy  of  this  order,  which  will  constitute  his 
certificate  of  election. 

By  command  of  Brevet  Major  General  Ord: 

0.  D.  Greene, 
Assistant  Adjutant  General. 


MILITARY  ORDER 

Providing  for  the  Ratification  of  the  Constitution  and  the 
Election  of  State  Officers,  including  Senators  and  Repre- 
sentatives in  the  State  Legislature  and  31 embers  of  the  House 
of  Representatives  of  the  United  States  Congress. 

Headquarters  Fourth  Military  District,  \ 
(Mississippi  and  Arkansas,)  V 
Vicksburg,  Miss.,  May  19,  1868. ) 

General  Orders) 
No.  19.  j" 

I.  The  Mississippi  Constitutional  Convention,  convened  at 
Jackson,  Mississippi,  in  compliance  with  General  Orders  No. 
37,  series  of  1867,  from  these  headquarters,  having  framed  a 
Constitution  and  civil  government  in  conformity  with  the  laws 
of  the  United  States,  known  as  the  "Reconstruction  Acts," 
and  having  provided  for  the  submitting  of  said  Constitution 
to  the  registered  voters  for  ratification  or  rejection,  and  having 
provided  for  an  election  of  State  officers,  including  Senators 
and  Representees  in  the  State  Legislature,  and  members  of 
the  Hov.se  of  Representatives  of  the  United  States  Congress, 
at  an  election  to  be  conducted  by  and  under  the  orders  of  the 
Commanding  General  of  the  District,  said  election  is  by  author- 
ity of  the  above  cited  laws  and  in  accordance  with  an  ordinance 


750 


of  said  Convention,  hereby  ordered  to  be  held  in  Mississippi, 
beginning  the  22d  dffy  of  June,  1868,  and  continuing  until  com- 
pleted, as  hereinafter  prescribed,  at  which  election  the  qualified 
electors,  may  vote  "  For  Constitution,"  or  "  Against  Constitu- 
tion," and  also  upon  the  same  ballots  for  the  officers  herein 
referred  to. 

IT.  Commencing  fourteen  days  before  the  election,  the 
Boards  of  Registration  will  meet  at  the  county  seat  or  such 
other  place  in  their  respective  counties  as  will  be  the  most  ac- 
cessible to  the  people,  after  reasonable  public  notice  of  the 
time  and  place  thereof  has  been  given  hy  the  retained  regis- 
trar, by  means  of  a  general  and  thorough  distribution  and 
posting  of  the  printed  notices  furnished  from  these  Headquar- 
ters for  that  purpose,  and  revise  for  a  period  of  live  clays 
the  registration  lists,  and,  upon  being  satisfied  that  any  per- 
son not  entitled  thereto  has  been  registered,  will  strike  the 
name  of  such  person  from  the  list,  and  such  person  shall  not 
be  allowed  to  vote.  The  Boards  will  also,  during  the  same 
period,  add  to  the  registry  the  names  of  persons  who,  at  the 
time  possess  the  qualifications  required  by  law,  and  who  have 
not  already  registered.  All  changes  made  in  the  registration 
lists  will  be,  immediately  upon  the  termination  of  the  period 
mentioned,  reported  by  letter  to  these  Headquarters.  These 
reports  must  show  the  names  of  the  person  added  or  erased, 
the  precinct  and  the  number  of  the  certificate  of  registration. 
In  cases  of  erasure  the  reason  will  be  given.  If  no  changes 
are  made  that  fact  must  be  reported. 

III.  In  order  to  secure  as  nearly  as  possible  a  full  expres- 
sion of  the  voice  of  the  people,  the  election  will  be  held  at  each 
precinct  of  every  county  of  the  State  of  Mississippi,  and,  as 
required  by  law,  under  the  supervision  of  the  County  Boards 
of  Registration.  .  The  method  of  conducting  the  election  in 
each  county  will  be  as  follows:  At  the  meeting  provided  for 
in  the  foregoing  paragraph  each  Board  of  Registrars  will  divide 
the  whole  number  of  election  precincts  of  their  respective 
counties  into  three  portions,  as  nearly  equal  in. number  as  pos- 
sible, and  assign  one  of  the  shares  thus  made  to  each  registrar, 
who  will  be  responsible  for  the  proper  conduct  of  the  election 
therein.  Thereupon  each  registrar  will  appoint  a  judge  and 
clerk  of  election,  who,  with  himself,  will  constitute  the  "  Com- 
missioners of  Election, "  for  all  the  precincts  of  his  district. 
Each  registrar  will  provide  himself  with  a  ballot-box,  with  lock 
and  key,  and  of  sufficient  size  to  contain  the  ballots  of  all  the 
registered  voters  in  his  entire  share  of  the  county.  Each 
registrar  will  give  full  and  timely  notice  throughout  his  district 
of  the  day  of  election  in  each  precinct,  by  means  of  handbills 
furnished  for  that  purpose,  so  that  he,  with  his  judge  and 
clerk,  can  proceed  from  precinct  to  precinct  of  his  district,  and 
hold  election  on  consecutive  clays — when  the  distance  between 
precincts  will  permit — with  a  view  to  the  early  completion  of 
the  voting.  The  election  will  be  by  ballot,  and  will  be  con- 
ducted, in  all  details  not  herein  prescribed,  according  to  the 
custom  heretofore  in  use  in  the  State.    Each  ballot  will  have 


written  or  printed  upon  it:  " For  Constitution "  or  -  Against 
Constitution,"  and  the  names  of  the  officers  voted  for.  The 
Commissioners  of  Election  will,  at  any  precinct  in  their  share 
of  the  county,  receive  the  votes  of  persons  registered  in  that 
share.  Each  voter,  in  offering  his  ballot,  must  exhibit  his  cer- 
tificate of  registry,  across  the  face  of  which  the  clerk  of  elec- 
tion will  write  his  name  in  red  ink,  and  the  word  "Voted,  *' 
with  date,  thus  canceling  the  certificate,  and  indicating  that  a 
vote  has  been  cast  upon  that  certificate  at  this  election;  at  the 
same  time  the  registrar  will  check  off  the  voter's  name  on  the 
precinct  book,  serving  as  "  poll  book. "  The  polls  will  be 
opened  at  S  o'clock,  a.  m.3  at  each  precinct,  and  will  be  kept 
continuously  open  until  7  p.  ai.,  at  which  time  the  polls  will  be 
closed.  Before  opening  the  polls,  the  ballot-boxes  will  be 
opened  and  inspected  by  the  Commissioners  of  Election,  to 
ascertain  that  they  then  contain  no  ballots,  and  in  this  condi- 
tion, will  be  exposed  to  the  view  of  the  persons  who  may  be  in 
attendance.  Then,  in  public,  they  will  be  closed,  locked,  and 
the  locks  sealed.  The  ballot-boxes  will  not  be  unlocked  or 
opened  until  the  election  in  the  county  is  ended.  Each  day  at 
the  close  of  the  election,  the  opening  in  the  boxes  through 
which  the  ballots  are  deposited,  will  be  closed  by  .a  covering  of 
thick  paper,  securehy  sealed  with  wax.  This  covering  will  be 
preserved  until  voting  is  resumed.  The  sealing  and  opening  of 
the  boxes,  in  the  manner  directed,  will  be  done  in  public. 

The  registrars  will  begin  the  election  at  the  most  remote 
precincts,  and  proceed  by  the  most  practicable  route,  from 
precinct  to  precinct,  to  the  county  seat  or  other  place  where 
the  revision  of  the  registration  may  have  been  held,  and  upon 
the  arrival  thereat  of  all  the  Commissioners  of  Election  they 
will  at  once  open  one  poll  and  hold  the  election  one  day  for 
that  precinct;  at  which  poll,  however,  any  registered  voter  of 
the  county,  who  has  not  previously  voted,  may  cast  his  ballot. 
The  voting  at  this  poll  will  close  the  election  for  the  county. 
Within  twenty-four  hours  after  the  closing  of  the  election  in 
each  county,  the  ballot-boxes  will  be  opened,  the  ballots 
counted,  and  return  of  the  election  ntade  upon  the  blank  forms 
prescribed  and  furnished,  and  delivered  to  the  hands  of  a  regis- 
trar to  be  hereafter  designated,  who  will  at  once  bring  them  to 
Headquarters.  Before  the  opening  of  the  ballot-boxes  the 
registrars  will  invite  at  least  one  suitable  person  of  each  politi- 
cal party  to  be  in  attendance  during  the  counting  of  the 
ballots  and  the  making  up  of  the  return.  Such  persons  will  be 
afforded  a  fair  opportunity  of  seeing  that  no  frauds  are  com- 
mitted, but  in  no  instance  and  under  no  pretence  will  any  return 
be  made  by  the  Commissioners  of  Election  except  in  the  man- 
ner above  prescribed. 

IV.  Judges  and  clerks  of  election  will  be  selected  by  regis  - 
trars,  preferably,  from  among  the  residents  of  their  respective 
districts;  but  if  they  cannot  be  obtained  therein,  competent 
and  qualified  under  the  law.  then  from  among  the  residents  of 
the  county;  and  if  not  obtainable  in  the  county,  then  from  the 
State  at  large.    They  are  required  to  take  and  subscribe  to  the 


752 


oath  of  office  prescribed  by  the  Act  of  Congress  of  July  2d, 
1S62,  which  oath  may  be  administered  by  the  registrar.  The 
oaths,  properly  subscribed,  will  be  forwarded  immediately  for 
file  in  the  office  of  the  Acting  Assistaut  Adjutant  General  at 
these  Headquarters. 

The  pay  of  these  officers  will  be  six  dollars  per  diem  for 
each  day  they  are  actually  employed  on  their  legitimate  duties, 
and  their  actual  expenses  of  transportation  within  the  county. 

V.  In  accordance  with  the  Act  of  Congress,  which  became 
a  law  March  11th,  1868,  any  person  duly  registered  in  the 
State  of  Mississippi  will  be  permitted  to  vote  in  the  election 
precinct  where  he  offers  to  vote,  when  he  has  resided  therein 
ten  days  next  preceding  the  election,  upon  presentation  of  his 
certificate  of  registration,  showing  that  he  has  not  voted  at  this 
election,  and  upon  making  oath  before  the  Commissioners 
that  he  has  resided  in  said  precinct  for  the  time  specified.  All 
ballots  received  under  the  provisions  of  this  paragraph  will  be 
firmly  appended  to  the  oath,  and  in  this  manner  joined,  trans- 
mitted with  the  returns  and  other  ballots,  to  these  Headquar- 
ters. Blank  oaths,  for  the  use  of  voters  under  the  provisions 
hereof,  will  be  furnished  to  the  Commissioners  of  Election 
from  these  Headquarters. 

VI.  The  Commissioners  of  Election  will  prepare  and  for- 
ward with  the  election  returns  a  list  of  the  registered  electors 
in  each  precinct  who  have  not  voted  at  this  election,  and  a  list 
of  all  voters  under  the  provisions  of  the  foregoing  paragraph, 
who  have  voted  at  this  election.  Such  lists  will  show  the 
name  of  each  person,  whether  white  or  colored,  the  number  of 
his  certificate  of  registration  and  the  precinct  in  which  he  is 
registered. 

VII.  None  but  registered  voters  will  be  permitted  to  chal- 
lenge the  right  of  others  to  vote,  and  no  challenge,  except  as  to 
residence  and  identity,  will  be  entertained.  While  it  is  the 
imperative  duty  of  Commissioners  to  do  their  utmost  to  ensure 
the  purity  of  the  election,  care  must  be  taken  to  prevent  the 
abuse  of  the  right  to  challenge  by  evil  disposed  persons  who 
may  desire  to  impede  the  election. 

VIII.  The  Sheriff  of  each  county  is  made  responsible  for 
the  preservation  of  good  order,  and  the  perfect  freedom  of  the 
ballot  at  the  various  election  precincts  in  his  county.  To  this 
end  he  will  appoint  a  deputy  —who  shall  be  duly  qualified 
under  the  laws  of  the  State — for  each  precinct  in  the  county, 
who  will  be  required  to  be  present  at  the  place  of  voting  during 
the  whole  time  the  election  is  being  held.  The  said  deputies 
will  promptly  and  fully  obey  every  demand  made  upon  their 
official  services  in  preserving  the  peace  and  good  order  by  the 
Commissioners  of  Election.  Sheriffs,  in  making  their  appoint- 
ments, will  exercise  great  care  to  select  men  whom  they  know 
to  be  in  every  way  able  to  serve.  Deputies  appointed  in  ac- 
cordance with  the  foregoing,  will  be  paid  five  dollars  for  the 
day's  service,  on  accounts  approved  by  the  registrar,  out  of  the 
reconstruction  fund. 


753 


IX.  As  an  additional  measure  for  securing  the  purity  of 
the  election,  each  registrar,  judge,  and  clerk,  is  hereby  clotlxcd 
with  all  the  functions  of  a  deputy  sheriff  or  constable,  and  is 
empowered  to  make  arrests,  and  authorized  to  perform  all 
duties  appertaining  to  such  officers,  under  the  laws  of  the 
State,  during  the  days  of  election. 

X.  At  eTery  precinct,  on  the  days  of  election,  all  public- 
bar-rooms,  saloons,  or  other  places  at  which  intoxicating  or 
malt  liquor  is  sold  at  retail,  will  be  closed.  Should  any  in- 
fraction in  this  respect  come  to  the  knowledge  of  the  commis- 
sioners of  election,  or  the  deputy  sheriff  in  attendance,  they 
will  immediately  cause  the  arrest  of  the  offending  party,  or 
parties,  and  the  closing  of  his.  or  their  place  of  business.  All 
parties  so  arrested  will  be  placed  under  bonds,  of  not  less  than 
one  hundred  ($100),  to  appear  for  trial  when  required  by  proper 
authority,  or  in  case  of  failure  to  give  the  required  bond,  will 
be  held  in  arrest  to  await  the  action  of  the  General  command- 
ing. 

XT.  The  carrying  of  fire  arms  or  other  deadly  weapons  at 
or  in  the  vicinity  of  the  polls,  is  positively  prohibited,  under 
penalty  of  forfeiture  of  the  weapons  and  of  being  punished  as 
prescribed  by  the  statutes  of  the  State  forbidding  the  exhibi- 
tion of  deadly  weapons  in  a  threatening  manner.  Ail  arms 
seized  under  this  order  will  be  turned  into  the  nearest  post 
commander,  for  shipment  to  the  chief  ordinance  officer  of  the 
district, 

XII.  Should  violence  or  fraud  be  perpetrated  at  the  elec- 
tion in  any  precinct,  the  General  commanding  will  exercise,  to 
the  fullest  extent,  the  powers  vested  in  him  for  the  purpose  of  al- 
io wing  to  all  registered  electors  an  opportunity  to  vote  freely 
and  fearlessly,  and  any  provision  in  any  contract  tend- 
ing to  abridge  the  right  to  vote  is  hereby  declared  utterly  null 
and  void. 

XIII.  Xo  registrar,  judge  or  clerk  will  be  permitted  to  be- 
come a  candidate  for  any  office  in  this  State  at  this  election, 
nor  will  they  be  permitted  to  exercise  the  functions  of  auy 
office  or  authority  connected  with  the  election  other  than  that 
received  from  these  Headquarter-. 

XIV.  The  evident  intention  of  the  law  under  which  this 
election  is  held  being  to  obtain  fin  expression  of  the  will  of 
the  qualified  electors,  it  is  ordered  that  all  officers  of  the  army 
and  agents  of  the  Bureau  of  Refugees.  Freedinen  and  Aban- 
doned Lands.  sha]l  entirely  abstain  from  public  speakisg,  elec- 
tioneering or  endeavoring  to  influence  \oters;  but  this  order  is 
not  intended  to  restrict  either  ela:s  of  tbe  above  named  official.- 
in  their  duty  of  instructing  Freedmen  as  to  their  rights  as 
electors. 

By  command  of  Brevet  Major  General  Alvin  C.  Gillem: 

Johx  Tiler. 

1st  Lieut.  ±M  If./..  Brevet  JIaj.  U.  S.  A..  A.  A.  A.  G. 
Orrlcial:  Wm.  Atwood. 

1st  Lieut.  19tk  If.f..  A.  A-.  9. 

C— 45 


INDEX 


CONSTITUTIONAL  CONVENTION  JOURNAL. 


ABSENCE— Leave  of,  granted  to— Mr.  Alcorn  311 

To.   the  Auditor  240 

Mr.  Beam  39,  585,  653 

Mr.  Barry  646 

Mr.  Bonney  355,  500,  518 

Mr.  Bridges.  447,  463,  500,  585,  704 

Mr.  Brinson  463,  565 

To  the  Chaplain  704 

Mr.  Combash  174,  328,  513,  630,  653 

Mr.  Collins  49,178,  285 

Mr.  Compton  57,  223,  394,  467,  504 

Mr.  Caldwell  275,  653 

Mr.  Chapman  355,  504 

Mr.  Castello  394,  438,  483,  500 

Mr.  Conley  423,  545 

Mr.  Chappell  647,  657 

Mr.  Cunningham.  .  174,  192,  207,  257,  290,  361, 

500,  620,  630 

Mr.  Dalton  178,411,  518 

Mr.  Dowd  299,  394,  504 

Mr.  Drane  207,  276,  394,  402,  610 

Mr.  Jas.  Elliott  272,  328,  497,  518,  545 

Mr.  Fawn  368,  409,  447,  531,  610,  693 

Mr.  Field  340.  379,  463,  521,  531,  540,  676 

Mr.  Fitzhngh  174, 192,  285,  394,  447,  463 


756 


ABSENCE— Mr.  Gaither   .182,  257,  340 

Mr.  Gibbs   189,  306,  430 

Mr.  Gray.  .  321,  380 

Mr.  Goss  311 

Mr.  Hauser  312 

Mr.  Hutto   309,  497 

Mr.  Howe.  106,  265,  299,  518,  554 

Mr.  Handy  192,  346 

Mr.  Holland   .265,  312,  361,  467,  509,  657 

Mr.  Hemmingway.  57,  174,  182,  240,  423 

Mr.  Jamison  257,  299,  513,  554 

Mr.  Jones  265,  409,  475,  500 

Mr.  Jacobs  174,  394,  647 

Mr.  Johnson,  of  Warren  106,  178 

Mr.  Johnson,  of  Carroll.  .240,  361,  489,  509,  535, 

657 

Mr.  Kerr.  257,  285,  447,  573 

Mr.  Lack  49,  237,  306,  394,  497 

Mr.  Lawson .  467 

.Mr.  Leas  535 

Mr.  Longmire  306,  411,  489 

Mr.  Leonard  340 

Mr.  Mask  272,  328,  483,  521,  693 

Mr.  Miles  290,  380,  450,  518 

Mr.  Morgan.  237,  272,  290,  305,  317 

Mr.  Moore.  .   346,  463,  630 

Mr.  Mayson  355,  430,  475,  489 

Mr.  Merry  man.  .  299 

Mr.  Musgrove  174,  312,  328,  620 

Mr.  Myers.  .  .  178,  299,  497,  521,  535 

Mr.  Mygatt  178,  317,  535 

Mr.  Montgomery  49,  272 

Mr.  McKee  174,  312,  368,  500,  546,  635 

Mr.  McCutchen.  .  126,  240,  299,  475 

Mr.  McKnight  49,  174,  361,  500,  610,  620 

Mr.  Neilson  272,  497 

Mr.  Nesbitt.  178,  386,  497 

Mr.  Nelms   .126,  267,  394,  475,  531 

Mr.  Niles  521,  531 

Mr.  Newsom  340,  361,  545,  571 

Mr.  Ozanne.  328,  375,  380,  652 

Mr.  Orr  207,  361,  500,  518 

Mr.  Phillips  285 

Mr.  Parsons   .  .  .299,  340,  430 

Mr.  President  312 

Mr.  Powell  321 

Mr.  Powers   .  237 

Mr.  E.  A.  Peyton.  272,  290,  535,  545 

Mr.  Quinn  ,   106,174,355,573 

Mr.  Rainey  .285,  411,  430 

Mr.  Richardson.  ....  .240,  290,  447,  497,  509,  655 

Mr.  Stricklin  267,  394 


757 


ABSENCE — Mr.  Stringer  94,  240,  244 

Mr.  Stovall  106,  657 

Mr.  Stewart  #  497 

Mr.  Stites  509 

Mr.  Smith  386,  475 

Mr.  Sears  „  346,  704 

Mr.  Stiles  299 

Mr.  Townsend  126,  165,  240,  279.  299.  306, 

328,  340,  421 

Mr.  Vaughan  518 

Mr.  Watson  49,  182,  272 

Mr.  Walker  126,  290,  497,  540 

Mr.  Warren  126,  704 

Mr.  Williams  174.  317,  590 

Mr.  Wooclmansee  430 

Mr.  Warren  w . .  299.  423,  450 

Mr.  Weir  328,  704 

Mr.  Yeoman  704 

ADDRESS— of  President  3,  4,  5 

BANKS — in  relation  to  liabilities  of  533,  552,  651 

BILL  OF  RIGHTS— 

in  relation  to   83.  84,  85,  86 

consideration  of  252,  254,  273,  277 

BOARD  OF  EDUCATION — 

ordinance  relative  to  305 

Superintendent  of  Education  appointed  by.  .  .315 

BOARDS  OF  SUPERVISORS — 

for  election  of  642 

CAPITAL  PUNISHMENT — 

abolishment  of  274 

CHANCERY  COURTS— 

for  establishment  of  342,  427,  432,  472 

CIRCUIT  COURTS— 

relative  to  jurisdiction  of  341,  342,  471 

CLAY  COUNTY— 

to  establish  449,  482 

to  locate  seat  of  iustice  of  .-482 

COLLEGES— Agricultural— 

to  provide  for  establishment  of .  .*  364,  639 

COLUMBIA  COUNTY— to  establish  448,  481 

COMMITTEES — 

appointing  committee  on  Compensation 

of  members  17 

appointing  Committee  on  Stationary.  .  17 

appointment  of  Standing  28,  37.  38,  60 

appointment  of,  on  Relief  35 

appointment  of,  on  Destitution  .36 

appointment  of,  on  Lights  36 

appointment  of.  to  prepare  ordinances 

to  stay  collection  of  debts,  etc  293 


758 


COMMUNICATIONS— 

from  Convention  Printer   204 

from  Superintendent  of  City  Gas  Com- 
pany. .5  17 

from  Fourth  Military  District...  .36,  39,  143,  223, 

319,  580,  705 

from  Chairman  of  Printing  Committee  117 

from  Hon.  G.  W.  Van  Hook  125 

from  Freedmen's  Bureau. '  224  to  228 

from  Sergeant-at-xirms   229 

from  Mr.  C.  Chapman   328  to  333 

from  Sheriff'  of  Oktibbeha   .475 

from  Treasurer  of  Oktibbeha   .513 

from  W.  D.  Nesbitt.  .570 

from  Governor   .579 

CONSTITUTION  OF  STATE— Preamble   .343,  611 

adoption  of,  etc  344,  345,  352  to  372,  373,  641, 

650 

mode  of  revising. .  .424,  476  to  480,  507,  661,  664 

consideration   612  to  629 

COURTS— Probate— to  establish,  etc  ..  433 

CRAWFORD  COUNTY— to  establish  447 

CREDENTIALS — of  certain  parties — appointment  ot 

committee  to  examine,  etc.   6 

presentation  of  Mr.  Orr's   14 

CULPEPPER  COUNTY— ordinance  to  create...  448 

DEBTS — contracted  to  aid  rebellion,  etc.  .  652 

DECORUM  AND  DEBATE— rules  of   .21,  22,  23,  24 

DISABILITIES,  to  remove— of  Edwin  J.  Wendell.  .  .462,  464 

of  sundry  citizens  689,  690,  691,  692,  712 

DUELING— relative  to  610 

EDUCATION,  PUBLIC— for  election  of  Superinten- 
dent of.  359 

duties  of  Superintendent  365 

to  provide  for  support  of   658 

ELECTIONS,  of  President  pro  tern   3 

of  Secretary  pro  tern   5,  8 

of  Sergeant-at-Arms ........  ..............  5,  8 

of  permanent  officers   7 

of  President  ,  7 

of  Doorkeeper,  by  acclamation  8 

of  Assistant  Secretary  , ............  8,  9 

of  Chaplain,  in  relation  to.  ...  10 

of  Printer  .....11,13 

of  Treasurer   110 

of  Collectors  in  certain  places.  ....  .110,  111,  112 

general  State,  etc.  .  .  381,  512 

tor  ratification  of  Constitution ..  522,  525,  538,  697 

returns  of  553 

to  fill  vacancies .  .   655 

authorizing  appointment  of  committee  on ...  .  673 
EXEMPTION  LAWS— in  relation  to .........  J .........  534 


759 


GOVERNOR— how  to  be  chosen,  etc  297 

what  age  required  to  be,  etc  298 

relative  to  duties  of,  etc  299,  300,  301,  302. 

,303,  370 

relative  to  persons  eligible  to  office  of.  .  ..498,  502 

proclamation  of  577 

commander  of  militia  640 

GOVERNOR,  LIEUTENANT— in  relation  to  election  of.  .371 

GOVERNMENT — distribution  of  powers  of  612,  620 

GRANT  COUNTY — to  create  70S 

locating  countv  site  of  709 

HIGH  COURT  OF^  ERRORS  AND  APPEALS — 

in  relation  to  336,  470,  471 

in  relation  to  Clerk  of  437,  438,  443 

JUDGES  OF  CIRCUIT  COURTS — what  age  required 

to  be,  etc  338 

jurisdiction  of  339,  341 

JUDGES,  of  an}*  Court — to  be  conservators  of  the 

peace  444 

JUSTICES  OF  THE  PEACE — respecting  445 

LANDS,  swamp  and  overflowed — in  relation  to  77,  341. 

391,  392,  553 

of  Tishomingo  county  127 

to  provide  for  sale  of  delinquent  649 

LEGISLATURE— duties  of,  etc  355,  356,  357,  358. 

470,  471,  472,  473,  474,  525,  528, 
530,  532,  557,  641,  647,  650,  654 

to  provide  great  seal  for  State  355 

to  prohibit  dueling,  etc  355 

to  levy  poll  tax,  etc  363 

LETTERS— from  Governor  Humphreys  398,  399 

from  General  E.  O.  C.  Orel  400 

MERRYMAN  R.  G— suspension  of,  etc  «  252 

OFFICE — relative  to  eligibility  for   346,  348,  394,  490. 

500,  502,  503,  518,  543 

relative  to  term  of    34S 

relative  to  609,  648 

OKTIBBEHA    COUNTY— statement  of  taxes  col- 
lected in  669 

ORDINANCES— relative  to  per  capita  tax  of  voters.. .  .31,  32 

relative  to  education  47,  48,  49 

relative  to  poll  tax  51,  96 

relative  to  oath  to  be  taken  by  citizens  54,  55 

relative  to  elections,  voters,  officers,  etal.  .63,  64. 

65,  66,  67,  68,  90 
imposing  taxes  to  defray  expenses  of 

Convention  71,  72,  73,  74,  75,  76,  77,  215 

in  relation  to  debts  contracted  prior  to 

1865  81,  404 

in  relation  to  publication  of  Convention 

proceedings  82,  83,  110,  115 

in  relation  to  reconstruction  87,  88,  89 


760 


ORDINANCES— to  prohibit  dueling,  etc   .......  .90 

providing  for  qualification  of  voters,  etc., 

on  certificate  of  registration  90,  91,  92 

reducing  taxes  in  all  cases  96,  97 

in  relation  to  tax  on  "billiard  tables  108 

providing  for  an  Auditor  of  Convention  120 

in  relation  to  the  formation  of  new  coun- 
ties, etc  146 

in  relation  to  framing  of  Constitution.  .....  .192 

in  relation  to  liabilities  of  all  sorts,  etc  197 

fixing  area  of  new  counties  to  be  formed,  etc .  .  209 
providing  for  levying  and  collecting  spe: 

cial  tax  246,  259 

levying  special  tax  on  certain  railroad 

stock  263 

to  providing  for  printing  of  Journal  701,  710 

in  relation  to  all  warrants  issued  by  the 

Convention   267 

requesting  Auditor  to  issue  warrants.  .  .  .267,  272 
relative  to  Tax  Collectors  appointed  by 

Convention  268 

repealing  levy  and  collection  of  taxes  to 
defray  expenses  of  the  Constitutional 

Convention  263 

making  Treasurer  of  State  Treasurer  of 

Convention,  etc  270 

requiring  all  tax  receipts  to  be  printed 

by  the  Official  Printer.   .271 

relative  to  the  right  of  suffrage,  etc,  352 

determining  pay  of  Official  Printer,  etc.  . . .  .  .369 

making  void  all  debts  for  slave  proper- 
ty, etc  403 

relative  to  the  ordinance  of  secession.  .  .406,  424, 

510,  661,  662,  663,  664 
praying  Congress  to  aid  in  department  of 

education   408 

relative  to  the  ratification  of  the  Consti- 
tution, etc.  .  424 

supplemental  to,  and  explanatory  of  an 
ordinance  to  levy  and  collect  a  special 
tax  for  expenses  of  Convention,  etc . .  430,  637, 

688 

for  the  establishment  of  Crawford  county.  .  .  .447 
for  the  establishment  of  Columbia  county,  448,  481 
authorizing  Board  of  Police  of  Tisho- 
mingo county  to  sell  public  buildings 

of  the  county,  etc.  448 

declaring  null  and  void  sale  of  lands  and 

levy  of  all  taxes  from  1861  to  1864.  .  .  .486,  487 
determining  what  amount  of  personal 

property  is  exempt  from  taxation  461 

for  relief  of  Joshua  S.  Morris,  et  al. ..... .  .  .  546 


761 


ORDINANCES — protecting  persons  notable  to  pay  taxes. 400 
to  amend  an  ordinance  for  the  levy  and 
collection  of  special  tax  to  pay  expen- 
ses of  Convention ....   541,  550 

for  the  creation  of  Culpepper  county  448 

for  the  creation  of  Clay  county  449,  482,  692 

to  cede  to  the  United  States  jurisdiction 
over  National  Cemeteries,  and  to  pro- 
tect the  same  548,  562, 

in  relation  to  escheats  and  other  subjects .  557,  583 
to  settle  title  of  property  in  certain  cases.  .  .  .558 


relative  to  cases  in  various  courts,  where 
judgments  have  been  rendered  since 

1861  588,589 

for  relief  of  Tax  Collectors  of  Conven- 
tion tax  672 

rescinding  an  ordinance  for  the  creation 

of  new  counties,  etc  675,  698 

for  relief  of  Solomon  Unger,  of  Claiborne 

county  675 

for  relief  of  C.  M.  Thomas,  of  Noxubee 

county  700 

in  relation  to  Reconstruction  Acts  702 

in  relation  to  warrants  issued  by  Conven- 
tion, etc  707 

to  create  Grant  county  708 

ORGANIZATION— 

Convention  called  to  order  3 

Roll  call  56 

ORDER  OF  BUSINESS — 

Rules  for  24  to  27 

PETITIONS— from  Mr.  Holland,  in  reference  to  form- 
ation of  new  counties  229 

POSTMASTER— President  authorized  to  appoint  9 

PRESS — members  of,  invited  to  seats  7 

PRESIDENT— duties  of  19,  20 

closing  remarks  of  719 

PRINTER— to  elect  11 

READING  CLERK— 

President  authorized  to  appoint  9 

resignation  of  277 

REGISTRATION— of  voters— 

to  provide  for  383,  523,  536 

RESIGNATION— of  various  members  519 

of  Mr.  Vaughan  521 

of  Mr.  Dalton  523 

REPORTS  OF  COMMITTEES— 

on  Credentials  6 

to  investigate  claims  of  Benj.  H.  Orr  13 

on  Rules  and  Regulations  19 

on  Form  and  Arrangement  560,  586 

on  Pay  of  Members  and  Officers  34 


762 


REPORTS  OF  COMMITTEES— 

on  Lights   .  37 

on  Removal  of  Disabilities  635 

on  General  Provisions.  .  .42,  70,  71,  105,  119,  187, 

192,  272,  276,  565 
on  Finance. 49,  82,  83,  96,  105,  119,  178,  190,  246, 
267,  313,  380,  396,  412,  413 
of  Special.  .  .  .56,  93, 143,  150,  174,  187,  208,  245, 
250,  302,  362,  389,  554,  574  to  578,  646,  694 

on  Ordinance  and  Schedule  87,  402,  403,  423, 

538 

on  Relief  87,  405,  671 

on  Removal  of  Capitol.  670 

on  Legislative  Department.  ...  87,  88,  158  to  166, 
186,  386,  388,  430,  450  to  457 
on  Printing.  .  .94,  95,  105,  109,  113,  142,  147,  178, 

368,  492,  585,  715 

on  Education  115,  113,  119,  131,  148,  J  78 

on  Bill  of  Rights  110,  113,  115,  116,  119,  131, 

155,  208 

on  Enrollment  113,  132,  202,  276,  467,  468, 

516,  565,  653,  684,  708 

on  Contingent  Expenses  114,  115,  181,  257, 

265,  290,  291,  292,  313,  388,  412,  421,  439,  440, 
463,  467,  489,  504,  573,  631,  632,  674,  678,  693, 

711 

on  Judiciary  135,  136,  137,  138,  166  to  173, 

375,  377 

on  Executive  Department  139,  140,  141,  142, 

366 

appointed  to  confer  with  State  Auditor,  etc . . .  677, 

685 

on  Destitution  157 

on  Public  Lands  548 

on  Internal  Improvements  187,  241 

on  County  Boundaries .  276,  447 

on  Militia  285,  321,  322 

on  Franchise   .295  to  297,  322 

select,  on  Government  Lands..  .390,  396,  397,  398 
select,  on  certain  resolutions ................  459 

RESOLUTIONS  -  ^^rWyUU^GU  rHuXL  fs^cU 

relative  to  adjournment  sine  die  36,  61,  708 

in  relation  to  absentees  127 

relative  to  appropriations  of  Legislature 

of  1865-66  77 

respecting  election  of  Auditor  119 

authorizing  Auditor  to.  audit  bills  of  Offi- 
cial Printer,  etc  144 

authorizing  Auditor  to  issue  certificates 

to  Convention  Printer  232 

requesting  Auditor  to  issue  order  to  Pub- 
lic Printer  for  $1,000  for  printing  379 


763 


RESOLUTIONS — 

appointing  committee  to  assign  seats  to 

members  .  10 

Public  Printer  to  furnish  Auditor  with 

blanks  required  for  the  collection  of 

taxes  37S 

to  allow  Auditor  compensation  for  extra 

services  505,  702 

authorizing  Auditor  to  duplicate  Con- 
vention warrants  653 

authorizing  Auditor  to  issue  warrants  for 

per  diem  of  members  710.  711 

authorizing  Auditor  to  issue  warrants  for 

pay  of  Reporter  710 

in  relation  to  Finance  Bill  236 

in  relation  to  adoption  of  Bill  of  Rights  185 

in  relation  to  continuance  of  Freedruens 

Bureau  68,  69 

in  relation  to  changing  boundary  lines  of 

counties  282,  561 

in  relation  to  Constitution  362,  363 

appointing    committee    to  investigate 

claims  of  B.  H.  Orr  11 

appointing  committee  on  Constitution  11. 

123,  409 

appointing  standing  committees  12.  13,  79 

appointing  committee  to  procure  station- 
ery, etc  15 

appointing  committee  to  wait  on  Treas- 
urer 15,  18 

appointing  committee  to  prepare  names 

of  persons  for  removal  of  disabilities  16, 

52,  53 

appointing  committee  on  compensation 

of  members  16 

appointing  committee  to  ascertain  cost 

of  printing   .19 

appointing  committee  to  consider  dispo- 
sition of  public  lands  29 

instructing  special  committee  to  inquire 
into  expediency  of  an  ordinance  on 
obligations,  etc  31,  60 

appointing   committee  to  inquire  into 

charges  against  Mr.  Barry  33 

relative  to  committee  on  Immigration  33 

appointing  committee  on  County  Bound- 
aries  44,  51 

relative  to  different  committees  on  Con- 
stitution  45 

appointing  committee  on  conference  45 

relative  to  printing  copies  of  Finance 

Committee's  reports   .49 


764 


RESOLUTIONS— relative  to  claims  of  Mr.  Adams  30 

instructing  Finance  committee  to  report 
an  ordinance  reducing  county  taxes 
for  the  year  1867   .46 

instructing  committee  on  Ordinance  and 
Schedule  to  report  an  ordinance  re- 
quiring no  bond  of  officers  .55 

relative  to  reports  of  committee  on  Ordi- 
nance and  Schedule  56 

requiring  special  committee  to  report  an 
ordinance  requesting  Sheriffs  to  pay 
over  money,  etc  59 

appointing  committee  to  confer  with 
Gen.  Gillem  relative  to  Sheriff's  sales 
for  debt  68,  78,  79,  87 

appointing  clerk  for  committee  on  Print- 
ing 69 

relative  to  reports  of  standing  commit- 
tees seriatim  69 

relative  to  committee  on  Legislative  De- 
partment 78 

relative  to  report  of  committee  on  Print- 
ing  96 

empowering  Finance  Committee  to  in- 
quire into  disposition  of  funds  in  the 
Treasury  99 

relative  to  reports  of  committee  on  Con- 
tingent Expenses  118 

appointing  committee  to  ascertain 
amount  of  government  lands  subject 
to  entry  152 

appointing  committee  on  digest  of  all 

resolutions  177 

requiring  standing  committees  to  report 

before  the  14th  of  February,  1868  180 

abolishing  committee  on  County  Bound- 
aries  183,  304 

relative  to  formation  of  committee  on  Form 

and  Arrangement  of  the  Constitution  ...202 

appointing  committee  to  confer  with  the 
Commanding  General  of  the  Armies 
and  Secretary  of  War  in  relation  to 
affairs  in  Mississippi  238 

appointing  committee  to  frame  an  ordi- 
nance for  relief  of  Mississippians  288 

appointing  committee  to  memorialize 
Congress  to  prescribe  form  of  Consti- 
tution for  the  States  of  the  Union  338 

instructing  Finance  Committee  to  confer 
with  the  State  Auditor  and  learn  if  he 
will  or  will  not  comply  with  the  pro- 
visions of  the  Tax  Ordinance  366 


765 


RESOLUTIONS — relative  to  charges  against  persons  32 

appointing  committee  to  investigate  pur- 
chase of  stationery  393 

relative  to  consideration  of  Constitution  29, 

126,  127 

in  relation  to  reforms  in   the  Circuit 

Courts  129 

authorizing  special  committee  of  seven 
to  take  charge  of  property,  etc.,  of  the 
Convention  71S 

relative  to  report  of  committee  on  con- 
ference 35,  36,  39,  40 

relative  to  public  conve}rances  47 

requesting  President  to  transmit  a  copy 
of  resolutions  to  Executive  Commit- 
tee of  the  Republican  party  29,  33 

relative  to  charter  of  Gas  Company  of 

Jackson  33 

returning  thanks  to  Executive  Commit- 
tee for  Alabama  Constitution   33 

in  relation  to  removal  of  Capitol  50,  144,  145 

requesting  President  to  appoint  Clerks 

to  wait  on  standing  committees  52 

abolishment  of  County  Courts  56 

empowering  the  President  to  appoint  a 

Warrant  Clerk  119 

suspending  prosecutions  in   all  courts 

until  ratification  of  Constitution  358 

relative  to   printing  copies   of  Public 

Land  Committee's  reports  497 

appointing  committee  to  confer  with  the 

Auditor  on  expenses  505 

in  relation  to  unconstitutional^  of  Con- 
vention acts  35 

relative  to  male  citizens  not  able  to  read 

Constitution  35 

tendering  hall  to  delegates  from  other 

States    440 

discharging  Reporter  of  debates  and  pro- 
ceedings  421 

discharging  debtors  for  liabilities  in  cer- 
tain cases  184 

relative  to  anti  war  debts  177 

relative  to  debts  contracted  before  1865  145 

relative  to  imprisonment  for  debt  •-.  .68 

relative  to  delegates  recommending  Col- 
lectors for  their  counties  .111 

relative  to  disfranchised  citizens  and  re- 
moval of  disabilities  of  same  188 

memorializing  Congress  to,  confer  power 
on  Convention  to  remove  disabilities 
of  certain  persons  92,  122 


766 


RESOLUTIONS— relative  to  cost  of  printing  debates,  etc.  .431 


relative  to  dueling  46 

tendering  thanks  to  delegate  from  Oktib- 
beha county  569 

in  relation  to  pay  of  delegates  112 

providing  for  expenses  of  Convention  31 

electing  Minute  Clerk.  44 

to  provide  for  education  of  all  children 

of  the  State  47 

to  provide  for  election  of  Chaplain  68 

to  provide  for  election  of  State  officers  78 

to  provide  for  election  of  Tax  Collectors,  etc.  116 
to  provide  for  suspension  and  collection 

of  debts  ;  15,  18,  43,  44 

relative  to  committee  on  Elections  561 

in  relation  to  Election  Ordinance  708 

in  relation  to  fines  imposed,  etc  700 

relative  to  character  of  government  agents.  . .  68 
relative  to  adoption  of  civil  State  Gov- 
ernment 123 

prohibiting  liquors  from  being  brought 

in  the  hall  128 

General  Assembly  to  provide  homes  for 

for  the  destitute  180 

approving  President  Johnson's  impeach- 
ment 254 

relative  to  the  training  of  juveniles   76 

relative  to  certain  portions  of  the  Journal.  .  .  82 
relative  to  printing  Journal  in  book  form  .483,  683 
in  relation  to  necessary  legislation  for 

relief  of  State   18 

in  relation  to  all  legislative  Acts  passed,  etc .  .  41 
in  relation  to  person  occupying  public 

lands   58 

directing  Librarian  to  keep  open  Library,  etc .  .  11 
relative  to  swamp  and  overflowed  lands.  .....  77 

relative  to  Legislative  Department  Com- 
mittee  78 

relative  to  propositions  of  legislation   78 

relative  to  certain  lands  of  Tishomingo 

county  <  127 

relative  to  stay  law  153 

relative  to  general  Sunday  law  176 

relative  to  lands  under  execution  for  debts .  .  .  341 
*  relative  to  lands  forfeited  to  the  State  for 

non-payment  of  taxes.  .'  414,  415 

vesting  next  Legislature  with  certain 

powers  named  therein,  465,  569,  570 

for  payment  to  Meridian  Chronicle  for 

printing  558 

protesting  against  action  of  Military  in 

certain  cases   16 


767 


RESOLUTIONS — in  relation  to  marriage  licenses   77 

in  relation  to  meetings  of  citizens  for 

common  good   98 

in  relation  to  public  money  of  the  State,  etc .  .  47 
in  relation  to  intermarriage  of  different 

races  199 

in  relation  to  white  men  cohabiting  with 

negro  women  212 

in  relation  to  charges  against  R.  C.  Mer- 

riman.  275 

limiting  time  for  speaking  of  attorneys 

in  Merry  man's  case  307 

expelling  from  Convention  R.  C.  Merry- 
man  309,  311 

in  relation  to  ordinance  concerning  Con- 
vention  699 

in  relation  to  criticisms  of  Pilot  on  Offi- 
cial Reporter  a  515 

declaring  office  of  Public  Printer  vacant  493 

prohibiting  persons  from  holding  office 

who  voted  for  secession  484 

making  Pilot  official  Journal  461 

in  relation  to  organizations  of  corporations.  .441 
in  relation  to  ineligibility  of  members  to 

other  offices   14 

memorializing  Congress  to  confer  power 

on  Convention  to  vacate  offices  14,  15 

inviting  certain  civil  and  military  officers 

to  seats  18,  37 

striking  ordinances,  declaring  all  debts, 

etc.,  from  Journal   37 

memorializing  Congress  for  removal  of 

State  officers   81 

prohibiting  the  introduction  of  ordinan- 
ces of  certain  characters   98 

requiring  printing  of  one  thousand  copies 

of  Tax  Ordinance  370,  550 

in  relation  to  Tax  Ordinance  421,  428,  686 

explanatory  of  Tax  Ordinance.  461 

instructing  Postmaster,  etc   46 

providing  for  papers  for  members  16,  18 

providing  for  the  publishing  of  proceed- 
ings in  certain  papers  19,  95 

in  relation  to  per  diem  of  members.  .  .35,  95,  154 
193,  194.  198,  425,  426,  438,  558 
exempting  $10,000  worth  of  property 

from  execution   45 

inviting  members  of  the  Press  to  seats   49 

in  relation  to  papers  of  Confederate  States ...  50 
in  relation  to  the  exemption  of  property 

for  debts   81 

in  relation  to  appointment  of  Official  Printer .  123 


768 


RESOLUTIONS — in  relation  to  printing  Tax  ordinance.  .  .640 


authorizing  President  to  appoint  collec- 
tors for  non-represented  counties   118 

in  relation  to  police  force  of  cities  and 

towns  184 

in  relation  to  property  owned  by  slaves 

before  freedom  315 

in  relation  to  convicts  in  State  Peniten- 
tiary 483 

in  relation  to  letting  printing  to  lowest 

bidder  •  496 

in  relation  to  amount  of  property  exempt, 

etc  561 

in  relation  to  publishing  the  Constitu- 
tion  591,  659,  680,  700 

in  relation  to  printing  Proclamation  of 

Governor  684 

directing  President  to  appoint  two  addi- 
tional members  on  Committee  on  Elec- 
tions .  712 

adding  20  per  cent,  to  pay  of  delegates  715 

in  relation  to  resolutions  presented  for 

consideration   17 

authorizing  Official  Reporter  to  furnish 

printer  with  synopsis  of  debates   .  19 

in  relation  to   adoption  of  the  Rules, 

article  by  article   28 

memorializing  Congress  to  amend  Re- 
construction Acts   30 

in  relation  to  defense  of  private  reputa- 
tion of  members   33 

in  relation  to  members  opposed  to  Re- 
construction Acts   33 

requesting  Gen.  Gillem  to  furnish  copy 
of  the  registration  of  voters  to  Con- 
vention -55 

in  relation  to  Rule  No.  52,  of  Conven- 
tion 58,  133,  153 

for  forwarding  resolutions  to  Speaker  of 

House,  and  President  of  U.  S.  Senate   69 

for  suspension  of  Rules.   70 

in  relation  to  Rule  No.  30,  of  Convention.  ...  98 

in  relation  to  recess  for  three  weeks.-  442 

rescinding  resolutions  inviting  reporters 

to  seats,  etc  522 

changing  Rule  No.  46,  of  Convention  525 

for  furnishing  certain  committee  reports 

to  Gen.  Gillem  679 

retaining  Record  Clerk  for  twenty-five  days .  .  700 
requiring  Legislature  to  tax  property 

only  198 

tendering  thanks  to  sundry  persons,  etc  718 


RESOLUTIONS— for  the  establishment  of  schools  506 

ordering  Secretary  to  turn  over  unfin- 
ished business  to  special  committee  714 

requiring  Sergeant-at-Arms  to  furnish 

ice,  etc  620 

directing  Sergeant-at-Arms  to  employ 

locksmiths,  etc  346 

in  relation  to  sessions  of  Convention.  .  .198,  243, 

294,  516,  527 

authorizing  Secretary  to  appoint  assistant.  .29.30 

relative  to  seats  to  be  drawn  for  10,  11 

instructing  Sergeant-at-Arms  to  furnish 

city  papers  16,  18 

instructing  Sergeant-at-Arms  to  prepare 

committee  rooms  29 

directing  Sergeant-at-Arms  to  take  pos- 
session of  Senate  chamber  33 

instructing  Secretary  to  return  commu- 
nication from  Gen.  Gillem  in  reference 

to  Mr.  Stricklin  49 

denouncing  the  doctrine  of  State  rights  130 

directing  Sergeant-at-Arms  to  return 
report  of  Executive  Department  Com- 
mittee  176 

in  relation  to  speaking  of  members.  .  .76,  92,  406 

in  relation  to  universal  suffrage  46 

in  relation  to  Secretary  Stanton's  reten- 
tion of  position  in  U.  S.  Cabinet.  .  12S 

instructing  Secretary  to  furnish  Official 

Printer  with  Bill  of  Rights  280 

instructing  Sergeant-at-Arms  to  furnish 
Official  Reporter  with  copies  of  all 

printed  reports  and  ordinances  297 

in  relation  to  mileage  of  Secretary  340 

directing  Sergeant-at-Arms  to  fit  up  read- 
ing rooms,  etc  441 

in  relation  to  taxes  assessed  and  col- 
lected in  1866  and  1867    31,  47,  112 

for  framing  ordinance  to  lev}'  taxes  to 

pa}-  expenses  of  Convention  46,  640 

directing  Tax  Collectors  to  suspend  col- 
lection of  taxes  on  freeclmen  47 

in  relation  to  cotton  tax  58,  122 

in  relation  to  tax  on  billiard  tables  108 

in  relation  to  excessive  taxes  152 

appointing  Gen.  McKee  to  visit  Gen.  Gil- 
lem and  request  orders  for  the  enforce- 
ment of  collection  of  special  taxes  191 

requesting  Gen.  Gillem  to  inform  the 
Convention  when  he  will  issue  order 
enforcing  collection  of  taxes  for  ex- 
penses, etc  317 

C— 49 


770 


RESOLUTIONS — relative  to  work  assigned  Convention,  etc.  79 
exempting  disabled  Federal  soldiers  from 

poll  tax  358 

tendering  thanks  to  B.  B.  Eggleston  and 

others  695 

requesting  Treasurer  to  furnish  names 

of  all  Sheriffs  who  have  not  reported .  .  506,  669 
in  relation  to  voters  on  ratification  of 

Constitution  334 

relative  to  issuing  warrants  to  defray 

expenses  of  Convention  45 

relative  to  exempting  N.  J.  Wilkerson 

from  taxation  for  the  support  of  the 

Convention  129 

in  relation  to  discount  of  warrants   696 

RULES  AND  REGULATIONS— in  relation  to  19  to  27 

SCHOOLS— 

providing  separate  for  white  and  colored 

children  316 

for  maintenance  of  325,  327,  359 

SCHOOL  FUNDS — establishing  320,  363 

SECRETARY — Assistant,  appointment  of  6 

SENATORS — what  number  to  various  counties,  etc,  416, 

644  to  646 

SERGEANT-AT-ARMS— report  of  8 

STATE — for  divison  of  into  Probate  Districts  446 

STRICKLIN,  W.  T.,— resignation  of  411 

TAXES — ordinance  in  relation  to  108,  129,  313,  324,  363, 

553,  639 

cotton,  respecting  122 

ordinance  providing  for  leving  of.  .  .  215,  240,  259 

of  counties,  in  relation  to  349,  533 

granting  counties  right  to  raise  special  651 

TELLERS— Appointment  of  7,  11 

TISHOMINGO  COUNTY— authorizing  Board  of  Po- 
lice of  *"  481 

TREASURER— report  of  566  to  568 

VOTERS— to  provide  for  registration  of  383 

Js^  oath  required  of    382  to  385 

relative  to  442,  480,  481,  536,  632,  642 

WARRANTS— ordinance  respecting  267 

WARREN  COUNTY— statement  of  taxes  collected  in.  .  .669 


INDEX 


TO 

CONSTITUTION  OF  MISSISSIPPI. 


Sec.  Page. 

APPORTIONMENT— House  of  Representatives.    1  736 

Senate                                              2  736 

BILL  OF  RIGHTS— who  are  citizens                    1  720 

rights  of  the  people                           2  720 

writs  of  habeas  corpus  shall  not  be 

suspended                                       3  720 

freedom  of  speech  and  of  the  press .    4  720 
no  persons  life  or  liberty  to  be  twice 
placed  in  jeopardy  for  the  same 

offense                                          5  720 

right  of  the  people  to  assemble            6  720 

rights  and  privileges  in  criminal  cases  7  720 
cruel  or  unusual  punishment  shall  not 

be  inflicted                                     8  721 

no  ex  post  facto  law  shall  be  passed. .  9  721 
private  property  not  to  be  taken  for 

public  use                                    10  721 

no  imprisonment  for  debt                   11  721 

right  of  trial  by  jury                         12  721 

no  property  qualification  for  jurors. .  13  721 
security    of  persons,    etc.,  against 

search                                           14  721 

right  to  keep  and  bear  arms                 15  721 

rights  of  married  women                    16  721 

no  property  qualification  to  hold  office  17  721 

elegibility  for  electors.  .                     IS  721 

neither  slavery  nor  involuntary  servi- 
tude, except   as   punishment  for 

crime  v           19  721 

no  right  to  withdraw  from  the  Federal 

Union                                           20  7$i 


772 


Sec.  Page. 

BILL  OF  RIGHTS — no  distinction  in  appropria- 


tion of  public  money   21  721 

no  distinction  in  possession  and  en- 
joyment of  property   22  721 

no  religions  test  as  a  qualification  for 

office   23  721 

right  of  citizens  to  travel,  not  to  be 

infringed  upon,  nor  abridged   24  722 

military  subordinate  to  civil  power.  .  25  722 

what  shall  constitute  treason   26  722 

penalty  for  dueling    27  722 

rights  of  the  people  before  courts ...  28  723 
no  person  shall  be   elected  or  ap- 
pointed to  office  for  life                   29  722 

no  person  shall  be  debarred  from 
prosecuting  or  defending  any  civil 

cause  in  any  tribunal   30  722 

no  person  shall  be  proceeded  against 

criminally  by  information   31  722 

rights  not  enumerated  in  this  Consti- 
tution retained  by  the  people   32  722 

BOUNDARIES  OF  THE  STATE.   772 

DISTRIBUTION  OF  POWERS   1  723 

no  person  in  one  department  to  exer- 
cise poweas  properly  belonging  to 

either  of  the  others   2  723 

EXECUTIVE  DEPARTMENT— 

Governor   1  727 

how  the  Governor  shlal  be  elected.  .  .    2  727 

qualifications  for  Governor   2  727 

compensation  of  Governor   4  727 

to  be  Commander-in-Chief   5  727 

information  from  departments   6  727 

power  to  convene  the  Legislature.  ...    7  727 

to  give  information,  etc   8  727 

execution  of  the  laws   9  727 

power  to  grant  reprieves,  etc   10  727 

to  keep  seal  of  State   II  728 

form  of  commissions,  etc   .  .  12  728 

vacancies,  how  filled,  etc   13  728 

Lieutenant-Governor,  how  elected.  .  .  14  728 

to  be  President  of  the  Senate   15  728 

■compensation   16  728 

who  shall  act  as  Governor   17  728 

contested  election,  how  decided   18  728 

Secaetary  of  State,  how  elected,  etc .  19  728 
Treasurer  and  Auditor  of  Public  Ac- 
counts                                          20  729 

county  officers,  how  elected,  etc   21  729 

.tenure  of  office.   22  729 


773 

Sec .  Page 

Franchi  se- 

all  elections  to  "be  "by  ballot..     1  732 


who  are  electors  .   2  732 

registration,  how  provided  for.  3 

eligibility  to  office   4  731 

right  to  vote  not  to  be  denied, 

etc   6  733 

General  Provisions-  . 
when  political  years  shall 

commence......   1        7  37 

laws  disqualifying  persons,   etc.  2 


persons  who  deny  a  Supreme  Being  3 

trial  of  persons  in  certain  cases4  737 

faith  of  the  State  not  to  be 

pledged   .  .  ,   .     5  737 

expiration  of  term  of  office,  etc6  738 
mode  of  filling  certain  offices  7  738 
sale  of  delinquent  tax  lands...  8  738 
all  laws  not  otherwise  provided 


etc   9  738 

deductions  from  salaries,   etc..   10  738 

district  printing   11  738 

prohibiting  issue  of  money   12  738 

corporations  subject  to  taxationlS 
lending  money  zo  corporations..  14  738 

no  lotteries,  etc   15  738 

right  of  counties  to  raise 

money   16  739 

liabilities  of  banks  and  cor- 
porations, and  how  secured.  17  739 
lands  sold  by  decrees  of  courst, 

etc   18  739 

returns  of  elections,  etc   19  739 

uniform  system  of  taxation  20 

State  shall  not  pay  certain 

debts  21  739 

Liability  and  responsibility  of 

the  people  not  married, 

living  together  as  man  and 

w iie9...99<s»»»ss#*»«.»s#3*»   22  739 
Commissioner  of  Immigration  and 

Agriculture   23  739 

power  of  Legislature  to  repeal 

certain  Statutes...........  24  739 


time  of  electing  Congressmen.  25  739 

obligation  and  oath  of  office  26  740 

benevolent  institutions   27  740 

houses  of  correction  and 

reform   28  740 

powers  of  County  Boards   29  740 

Internal  Improvements- 
Board  of  Public  Words   1  735 

Judiciary  "Department- 
how  vested. ... .   1  729 

Supreme  Cours ,  numbers  of 

Judges,  etc   2  729 

term  of  office  of  Judges   3  729 

jurisdiction  of  Supreme  Court  4  729 

how  vacancies  shall  be  filled  5  729 
qualifications  of  Judges..... 

time  of  holding  Supreme  Court  7  729 
how  the  Judges  shall  be 

classified   8  729 

Disability  to  sit  in  certain 

cases..,   9  730 

774  Sec.  Page 

Judiciary  Department- 
compensation  of  Supreme  Judges  10  730 
Circuit  Court  Judges   to  be 

appointed   11  730 

qualifications  of  Circuit 

Judges.,.,.....   12  730 

judicial  districes   13 

to  have  original  jurisdiction 

except  in  certain  cases..  14 
number  of  times  Court  to  be 

holden  and  salaries  of 

Circuit  Judges.*,,.   15 

Chancery  Courts,  how  established  16  730 
number  of  districts,  how  formed 

how  Judges  shall  be 

appointed  .   17  730 

sjjyle  of  proceedings.........  18 

Clerks  of  Supreme,  Circuit, 

and  Chancery  Courts   19  731 

Boards  of  Supervisors,  how 

elected,   Clerks  of  same  e  :,c20  731 


how  bill  shall  become  a  law..     24  725 

775 

Sec.  Page 

Legislative  Department- 
concurrent  resolutions  •     25  725 
how  money  shall  be  drawn  from 

the  Treasury   26         72  5 

impeachment,   trial,   etc......     27  725 

who  are  liable  to  impeachment  28  725 
when  the  Governor  is  tried 

the  Chief  Justice  fo 

preside........   29  726 

extent  of  judgement:  in  im- 
peachment cases  .... .   30  726 

removal  of  judges  from  office     31  726 

style  of  laws   32  726 

taking  census   33 

apportionment  of  Representa- 
tives  34  726 

apportionment  of  Senators. ...     35  726 

classification  of  Senators...     36  726 

formation  of  new  counties, etc     37  726 

members  of  Legislature  dis- 
qualified from  holding 
office   38  726 

con t es ted  elections.....   39        7 P. 6 

Militia- 

who  are  liable  to  militia 

duty...   1  734 

organizing  and  equipping   2 

to  make  the  militia  effective       3  735 

appointment  of  officers,   etc.  4 

Governor  to  be  Commander-in- 
Chief  

apportionment  of  Generals....  6 

Adjutant  General  and  staff 

officers   7  735 

exemption  from  arrest........  735 

Mode  of  Revising  the  Constitution 
Ordinance- 

Constitution  submitted  for 

ratification  to  registered 

voters,   etc   4  741 

when  and  where  elections  to  oe 

held   5  741 


election  for  State  officers, 

members  of  the  Legislature, 

etc...   6  741 

Committee  of  Five  to  appoint 

Commissioners  of  Election..       7  742 
when  and  where  Legialature  to 

hold  its  first  session.....       8  742 
first  term  of  civil  officers  ^o 

commence,   etc   9  742 

compensation  of  Commissioners 

of  Election   10  742 

Committee  of  Five  authorized  to 

adjust  outstanding  debts, 

etc-   11 

authority  of  Committee  of  ¥ive 

to  reconvene  convention....  12 
authority  of  Committee  of  Five 

to  employ  Clerk, etc. ...... .     13  743 

compensation  of  Committee  of 

~  Five.   ,  .  .  .  .     14  742 

who  shall  "be  elegible  in  case  of 

inelegioility  of  persons 

elected  ........     15  743 


776 

Sec.  Page 
School  Fund,  Education,  and  Science- 


education,  etc  ••••••«••  •       1  733 

Superintendent  of  Education....  733 

Board  jf  Education.   3 

Courjty  Superintendents  4 

duties  of  school  districts   5  733 

common  school  fund,  how  raised.       6  734 

poll  tax  may  be  levied   734 

agricultural   colleges..*.   8  734 

no  religious  sect  shall  control 

any  part  of  school  fund....       9  734 
collection  of  additional  school 

tax.   10         7  34 

Schedule- 
ordinance  of  secession  annulled       1  741 
laws  to  oe  continued  in  force..  741 

laws  repealed  

removal  of  causes,   etc   3  741 


qualifications  of  members  of 

Beard   21  731 

conservators  of  the  peace.*.*.     22  731 

Sustices  of  the  Peace , etc . ... .     23  731 

Inferior  Courts,  how  establi- 
shed..,,.  24  731 

Attorney  General  and  District 

Attorneys,  how  elected....     25  731 

penalties  for  neglect  of  duty.  26  731 
Legislative  Department 

how  vested.    1  723 

House  of  Representatives   2  723 

qualifications  for  a  Represen- 
tative  3  723 

Senate   4  723 

qualifications  for  a  Senator..       5  723 

time  of  meeting.......   6  723 

manner  and   time  of  holding 

general  elections.*.*.....  723 

election  of  members  of  Legis- 
lature  8  723 

Governor  to  issue  writs  of 

election..!......   9  723 

each  house  to  elect  its  own 

officers    10  724 

Senate  to  elect  President  'oro 

tern  .................     11  724 

xmamber  to  constitute  a  quorum.     12  724 

concurrence  for  adjournment, etc  13  724 

each  h:>use  to  make  its  own 

rules,..   14  724 

doors   to  be  kept  open,  etc....     15  724 

persons  inelgible  as  legisla- 
tors......  16 

persons  inelegible  to  hold 

office   17  724 

persons  disqualified  as  voters  and 
office-holders   18 

members  privileged  from  arrest     19  724 

compensation  of  members   20 

how  the  State  may  be  sued.....  21  725 
Legislature  not  to  grant 

divorces   22 

how  bills  shall  originate  and 

be  passed   23  725 


Mississippi.  Constitutional 

Convention,  1868* 

Journal. . . 

L62534  187.1 

DATE        I                                     ISSUED  TO 

